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L AND REGISTER. I VOLUME 29. COLUMBUS) OHIO, TUESDAY, MARCH 12, 1839. NUMBER 39. OVEN A PUBLISHED B7 C. SCOTT fc S. DOUGLASS, ' At tfcrM Dollars a year, invariably In advance, Ticict a toetk during the Sees ion of tht Legislature and Week, the remainder of tht year. Office oti State itrwt, Two doon Wert oT the Clinton Bank, ADVERTISING. Twelve Itnei or leu. fliielnwirllon, ,......... 90 50 . three..." ..1 U0 u (i enchndilitlonallnireriion, 0 25 ' h ' i it three montlii, 9 00 ' t t m fixmonthi, ....5 00 u 4 twelve inontln, ..8 00 Longer advortlMtnenti In Uie imme proportion ai tlie aitove. A deduction of twenty per cent., (on l ho excel.) wlten Hit amount exceedt twtmly dollariln ill inontlii. All AdvertlMtnente iliotild lw marked on their face with the enmberof Iniertlona deairod.or they will be continued till order yd out, and chnreed by the Insertion. No reapenalbillty for errori in legal Court Adrertlaementf, beyond the amount charged for their lneerilonv ( . YKaVKLY ADVBRTIIINO. One-eolith of a column, (nbout 25 tinea,) 91 2 00 One-fourth " 16 00 One half. " 25 00 A full column, . 40 00 Any Advertiser exceeding the amount engaged, to be charged for the exceti, at the first rate above mentioned. (fTAII le'tert relating to iitbaeriptlone mint be add retted, (port-paid,) tO the PlIBLIBHIRi. LIHT OF AGENTS The following gentlemen are authorixed to art ai Agenta for the Oliio State Journal and Rfglater, via: ffeil Union, NeNon Barren, Lima, D. I). Toinpklna, Athens. ...,.A. O. Drown, JeferiAek.Hei. Qnylord, Hamilton, ...L. D. Campbell, Bt.VVrwoUle,l. J Howard, Georgetown, David Johnaon, CarroiUtn,., Wm. Johnaon, Jtataoia, . ... Aintirote Ranaoin, fees Lisbon, Dan llarhnugli, Coshocton, ,.3. flohlnaon, Vrbata J no. A. Corwif., Springfield, .J in. 8. Halaey, rVUmington.O.font, Bticifrui J no. Moderwell, Cleveland, ..Pl.Ho Rcovltl, Detatoart,.,,T. C. J once, Oreenvillt,,. Hiram Ucll, Sandusky Q., A. II. Ilarher, Lancaster, ..fleo. Pnmleraon, fVatkington, J. 8. Ileremnn, Oattipolis, ..J. Dr ou 1 1 lard, JTen'o, (', L. Merrick, Paintseille, ,R. Illtchcocfr. Cambridge,., l, Rohh, Cadit, J. 8. l,aeey, Kenton floor fp. John, Wttsboro..W.V. Hrolt, Millers burg, W. R. 9fip, Milan, O.W. L'ltoat, Cincinnati, , V. Toby, Findluy VVHaon Vunce, Star, P. Q.,., David Julmaon, Jaekeon Alex. Miller, 8'eubenttitlt, Ja. Collier, Mt, yernon, ,Wn. Itnvens, Toledo J. R. Oettartt, Burlingtox, .Win. Miller, Newark J. MatUtot, HellefonVne, B. BUnlon, Ktyria, . . ... A. A. B)Im, ' Marion, J. H. tiorfiiian, Chester, ...,D. Hurtwr, Piiui, D. A dn mi, rVoudufield,.. Wn. Biwl ZamtitUUtt.C. B. Goddard, Midint, J. Id. Clark, Ltlndaa 1'. itlcLene, SI. Marl,, ,.lt.V. Stcarna, Angles VV. J. MeKiiuwy, 'rt Br.n,i. Dewcca, Piktten Kliilm P. Peters, Kalid J. U. L'ocliron, tomtrttt, ...VV. K. Moeller, Ciresrifs,..Jauiea Itell. Haetaaa, ...Ueo. Y. Wallace, Ksrea . D. Hendricks, Mattfitld, ,.C. L. Bliernuii, CiIfic.tls,.C. Mnrlln, Partnr:'!tt.M. Vrcgiyry, Ceass O. Reynold. Viffin Joi. Howitd. Siititef, Jncnlt d. Conklin, ,. SaJH,kj,.. fthly, WtrriH, ....I.. Kln, X nilaidp.,1. Ovetliolt, Margnvittt,.. Win. fltoel. H7.ir,...:. Mounl, P4rrftnrg,.V. V. Ueinrr. LiaH9t HmlitKa, Jr., Mantua, .,.. Tcil, JVootUr C. Rjillik. Default,.. ..B. Urutaelier. CRANVILL.I3 IXSTITUTION. Out milt Wtil OratxMIt, LUkii uaal), Mi.. TIIKMveril depnrtment. of till Inilitullon, Collnilllo, fit-pirolory ind Enjllih, will l opimod for llie nut term on Thuridny, Marcli 21 fL The cipenie. for lln Mrm of 21 norki will be, for tuition, f 10 50; for Imnrjliiu and wi.liin, $211 511; for room rent, $3 00. Iloyi are elurjpil, In adilltlnn, for fuel, furniture and Unlit., 'I; oilier, for furniture. If tlury ehonM to have it, $2 Oil. Hoys under 15 year, of ace, miil .nter for .. term, and pay in advance; others for not less than lialf term, and pay in advance. It is liniortotit for every student to enter at the beginning of Die term. March I. J. 8TEVBS, fee. Fllir.! KlKt:!! KIRK.lil PORTAGE CO. MUTUAL FIRU INHIIRANCR COMPANV. TIIK suhKrllier will be happy to wait upon any person del rous of rtreetlnf Insursiiee In tlie above named Compnny, and to furnish any information In his posresslon with regard to It. I.. IIKYL, Aient. Office 1 door North of C. Ueyl's Hotel, High-street, Columbus. March 4. 10,000 Genuine Morua Mullicaiilis Trees. TF.N thousand genuine Moms Multiesulls Cuttings, grown in New-Knglaud, are well malurcd, and a very desirable lot of trees to propagate frnm. SOJIIH) Chinese, Alpine mid Brussa Soedllng Trees. 300 (WO Bilk Worm F.ggs, and genuine Imported Silcsian Sugar llt Kerd. ror snle by CYitUD PORU & CO., Mnsslllon,8larkCo., O. Feb.20..Cw CUONIIV, IIOTT k CO., WHOLESALE DF..M.EUS IN DRY COOUS, No. 18, Eiclisnge riice, Opftilt tlii ntm frcessfs, NEW-YORK. CI CROSBY k Co., have aeaoe'atrd with them In the Cry I7.f . B..i.., Mr. JA.MKM A. IIOYT: and tlie bu.i- ness will be conducted liereafler under Uie drm of CROSBY, s nave taken the uew and eonimodiuus stors. . hi, wmait met, airoctly opposite the acw Jlfircieat's i..f , and intend to keep at all times, a general and well sr- 4 nstoriuiGin oi seasonsnie Fumj and ;ilit Cry (Itodi, "ie ciiy ana eounlry trade. We shall stilctly adhere esse pmttpu, aim sell at s.H east rtf , at a sniill id . expenenre Having demonstrated th it the lanr trtdit .... I produellvo or greater I... than f'ft, to both s.r ami : Artlny, therefore, upon the nrinrlnle that s sj'm.s six. i it itittr than a s.is aiVls,' we respectfully eolicH our i ruitomers and friends, and all who bollefo that i'd, it at goad at nr. ec tarati," to cnll and csamiiio our a ess rnttt; and he'iive that tlie faeilillee we iMMeei fur nro- f curing our goods on tlie best terms, will enable us to give general r satisfaction. We beg lenve to subjoin a few remarks, relative to the nrescnt and prosiectlvs ststs of tlie market. IHmtttiet are plenty, but have advanced a trifle in price ainra the last sesson, and will probably remain shout slstionsry. The stocka'nf ffcr.iVa (?, of all descriptions, will be very sbun. danl. The importations are much eerlier then usual, having al ready been large, and numerous arrivals are yst expected; so that iiw supply win m tuny adequate to tlie demand. All those who lisvoiasa lo psy, mey conlidently extiect to And as f,d atrgtiat, as at any former period; end also at a asas. 9mt prttft below the usual credit priens. Tlie prnuf will be ap-parent on trial. CKOSHY, IIOYT Ct). Feb 2i,.w,lm Jf.. B, K.cls.y. PUtt. TIMOTHY KKK.I). ,J DUrSIIIXg good Timothy Heed, for eale at my Slurs. S R. W, LWI.EB. Worthlngton. Feb. gj. ,sw4w 1KOK HAI.K. )KV No. 39, In Trinity Uhurcli, Uohimbns. A Body Few; enlranca on tin Wael aisle, for further panlrulare, an-lulraof DAVID UKUUKS. Feh.ai.,tf TC ttKKKK, SI'ICK, fcc. WO hundred Bag. Coltee; III - Biike; 10 Fepiier; SUOMaUCanU. Foraaleby Ultl'riORY, BI'RR k CO., . V. l and 11, Koiilli lllh street. CI.ANS. 0 NR hundred Bones by Ml onto, 60 1U by )i do. For sale by URCGOHY, BURR 1 CO., H. Id 31, Houlh High at. TOBACCO. 25 iiiiaks t-vendish; ii " Honey Dew; 2U " 31 Lump: lo 5 do. For sale by GKKCORY, BURR A CO., ..ffJfJM; l i. Hoiilb lllali-ot. 25 111 X KM PII'Kn; III M Feppur Hsuce: 13 Lemon Hyrup; 25 " (!nndy, Asaotted, 15 Havana I'reservest 10 u Canton Olugor. For asle by URKilllRY, ni'RR ft CO., ''tt l'J at 31, ttoulh High . TKA. PZI CIIK.KTU Ynung llyion; " lINIhfch'u do do HM'slllr. do do 30 Half Cliesl. lniierUI; 10 Uuniowiler. For sale by GHKIiOHY, BURR CO, "" 19 sl,"oiilh High st. LKMOWN. "I BOXES LEMONS. For sale by - ' ' UHMiOHY, BI'RR It CO., 1U Oi 31. Houlh Hull .1. OU ARM. "lWUU HMKhj Hsvana; 1II.IIIKJ II. If rlianlalis 6U.0II0 Common. For snle by GHKUORY, BURR k CO., ' Feb. 2). lUat31,tk)Uthlllihrt. Administrnlor'a Noli. A LL person. Indebted to the estate of Adam Rarcy, deceased, LX. lale of Madison township. Franklin county, are requested to make Immediate psyment; and those having claims sgnlnst said estate are hereby notified to present them legally provon for settlement within one year from this date. Feb. IS. .4D WH. II. RAREV, Adin'r. JM'HI.H! VK.VDVK. THERE will be sold at Ilia late resilience of Adiun Rarey, decerned, In Msdiroti township, Franklin coiinly, on Thursdnv, tlie 14th of Marcli next, the property of said deresssd, the following, comprising a purl; 15 bead of Horses. 30 head of Cattle. 35 head of Hlieep, 35 lieud of Hugs. I Durham Bull, and 1 pslr of Work Osoli; Wheat In tlie ground; I Wagon, 1 Cnrriaso anil Hurneas, 1 braes eight day Clock and ease; Farming Utensils, Household and Kitchen Furniture, mid other artlclce too tedious to mention. Sale to commence at 9 o'clock, A. M., of anld dny, and continue from day to day, until all are sold. A credit of nine months will lie given on aniiis over tiro dollurs, by tlie purchaser giving a no.o with approved security; under five dollars, cash in hand. Fcb.35..3w ' WM. 11. RAREY, Adin'r. ' Hheriir nnd Cninmiasioiiur'a Mule. BY virtue of an order of the Court of Coiuiiioii i'lena of Frank-lln county, Ohio, in chancery aitllny, to me directed In a rasa wherein the Ohio Life Insurance and Trust Company, nro com. olninanta.aiid Aurella I'urlah and others ore defniidaiits, I siisll oirer for saloon the ltitli dny of March nest, between tlie hnura of 10 o'clock A. M and 4 F. M-at Uie door of the Court House, in Hie eity of Columbus, Prnnklin county, the following described rent estate, to wit: In lots In tald city of Columbus, knmvn by their numbers on the rocorded plan of the snid city, vis : No. 634, 635,626,637 and 638, together with the Improvements thereon situate, or in anywise to the same belonging, Hnid several iols arc appraisal as fallows, to wit: 624 at $1400, 635 at JIIOO, C3tf al glUOOi 627 at ttiOO, 638 at 5J0. Tnriua cah. 1. URAIIAH, Sheriff and Biecial Mnater Commissioner. February 13. .ts t 811 KRIFF'S HAI.K. BrsTk or Ohio, Fiunkiin ciou.vtt, aa. WILLIAM B. WINDER, et al., va. Edward 8. Winder, Franklin Common I'lena, Sept. Term, 1338, pe'iiion. for partition. By virtue of an order of sale mnde In the above case, lo medL reeled, I ahall eipose losnle on the 18th day of Mnrcli nest, nt the door of the Court House, ineuld county of Frsnklin, between the hours of 10 o'clock A. M., and 4 I. M.of snid dny, nllth.it tract or parcel of land In Hie petition dcsoi Usui . to wit : I,ote No 5, 6, 8, end 0, of ono hundred ncrea each, in Bee. 3, T. 3, R. 19, I'nlted Btalea Military Ijtiula, situate, lying and Icing In tlie aaid county ol Franklin. J. GRAHAM, HIilK Feb. 13. ts ADMINlHTRATOIt'g HA LI?. BY order of the Court of Common I'leus for Frsnklin county, el Its lust Heptemlier term, I .hall, on Saturday, the I6lh dny of March noil.at I o'clock, p. in., sell lo tlie highest bidder, Iu-lol No. 8, In the clly of Columbus, subject to the widow's dower. Feb. 8..w w H. CROSBY, Adin'r of Maul Miller. T1IOI KK A NO LOT FOR SALK. O be sold hy private coulrsct, a Urtrk Building, and Lot. ?hc iilMing Ua litci) occupied as a Htore, for tlie last five years belonging to George Dean, of vN,?low, Pike emtnty. In-dlann; now occupied by Meeara. Chapmanenii'naurlrfek.-tUu"-ted on tlie Weat aide of Wlielatene river, about half way be.' tween Delaware and Columlma. A first rate country trade Is now carrying on; It Is illumed In mi circllriu neighborhood, nnd the aurroundlng country ia very thickly settlud. Price 8350. F.very Indulgence will be given lo Hie purchaser. For flirlhor partleulsrs, apply to the proprietor, or to Tlionias It. Hall, of Liberty, Deluwsro county. Any person wishing to obtain infor-mstlon respecting sold properly by willing, may direct their letters lo Thus. R. Hall. Worlhlniiloii, Franklin rouuty, Ohio. I'ossctsIoii given on the 37lh of May, ll!:(9. Fob. 35 3 w. If Ijleihaiiifa' Hnvinas Institution of Coltnnhiix.l rJAIIIH Institution will l 0smed for tlm trniiHclioii of Inn" X ness on Tueadny neat, tbo 3ilth Inst., In Ruasel's Bulldin-, Hlgh al.. opporlte the Franklin Bank. " Deiaisiu will lie received, until further notice, on tin following terms and raits of Interest, to wit: 6 per ecu!, per annum, with one year's notice of withdrawal. S " " " 9 months do 4 ' 6 do 5 ' 4. fl0 Weekly deimeltors of five dollars and upwards will be ollowod 4 per csnt. per annum. On business deposits, lo be drawn at Ilia will of Ilia depositor, no interest will bo allott ed. When interest is intended to be required on deposits, notice must be given on 0ieiiiiig the ercounr. Uncurrenl Nolee of all solvent il.mka In the United States will be received in deitoalt.upon such terms as muy be agreed apou. Office hours from 9 A.M. till 4 P. M. By order of the Board. r'h- & W. B. III'IIIIARII, Prcs't. NOTICK. THE STATE OP 11III0, Fa.sai.lK CotTT, SS. Frnnkllii Court of Coinmun I'lens. Aleiand-r Waddle, surviving Adinlnistrator and Heir of John Waddle dee'd, vs. William Wsddle, John Waddle, Ellen Waddle, Lucy A. Waddle, end A tutus L. Waddle, also Heirs at law of the said Johu Waddle. llN-M. TUB said defendants are hereby notified that tlie pleintln has filed In this Court his petition, setting forth that the said John Wnddle, In Ills life time, sold iii-lut In Columbus, No. 555, to James Mrlmwell, and that full payment lias been wado for Ilia . ,..,.,,1,,, a.uu ...iur, ,u oraur ana aecree Hint enkl Alex-inder Waddle. Adntlnl.fpqin. ,...b. - jn..,. r .. "Id MrDowell for aald lot, 10 complete said contract r.-n. IU..OW H M. IIUHEHTY, Attorney for Plaintiff. NOTICK. TUB STATS OF OHIO, Faaaaua Courrr, BS. Fartilion and Revivor. FataKLix Ciimmom Flsss. Benjamin W. I.aHd, va. Joseph Lmld. Mary A. Tompkins, John O. Dunn, James Dunn, Wsller Dunn, and Uoliert G. Dunn, Heirs of Waller Dunn. TIIR dctendanU will take notlrethnt a peilimn to revive In the above raae was filed February 16, 103!t, In said Court, ami wherein petitioner demnnda a revival of a petition for partition, and praya a confirmation of tlie report of Commissioners, who returned a partition to tlie Sheriff, of survey No. 31113 V. II., the whole survey being for 4 R) acres elvlni one 1 to neiitloner. and one third to Joseph Ladd, and one third to Walter Kunn, anil that said hcire may take Jointly the alutr allotted to their aaid father, ate. 0. SWAN. Fell. 18. .6w Attorney for petitioner. TTI1K HLKNDON 1 XSTITI'TK. (IE Summer Term of this School will commence oa Thtlra-dsy, the 2M day of Msrcli nett, and continue 33 weeks. A ctaas will then commence a course of studies, fur two years, to prepsre llicin for teaching common schools. Csndldstee for admission to said class must suatsin an sxamlnalloii In Geography, Grammar and Arithmetic, and present a eerlkfirate of good moral character. The tuition will he at tlie very low rate of from (J.i to 10 per term, for regular scholars, those who attend leas than a term, will be charged at Iho rale of from (4 10 ti for half a term. Payment, In all es.es, will 1st required In advance, hoard ing may lie untamed, In reaiKiclnl.le families, al moderate prices. r.. n APllllt'lt, N, ) ll'RN, ( Teachers. ecu. iri..w:rt h. w. WASIIIII' KIHSOLI'TIOV. TIIK flrmofRudlBlll dt Mrllliinla was dissolved on tlie 13th of Folmiary Inst , by mutual consent. The business of the lata Drat alii be closed by J. E. Rudiilll. J R. numsit.L, ALEX. McGINNIS. N. n. J. B. R. respectfully solldls a continuance of the pat-ronage of the puldle, as heretofore, al bis old stand, on tlie cor-ner of High end Slste streels. Feb, 13, B TAKEN VP, Y John Kelso, of Jeireisnn township, Franklin county, three) strays; onaa brown Mare, supposed lo lieslxor seven yeara old, with a star and a anlp in the fiiieliead; the oilier a yellow bay Mare Coll, tlie right bind foot white, with a star la the forehead: supposed to be two yesrs old lost apriua; the other an Iron grey Msrs Colt, one year old last Hiring. Tlie said strays were appraised al 1 411, by Alanlom Fravel and William llavln. A Irus copy, from Bay Stray Book. Feb. 15..4w JACOB SMITH, J. P. TAKEN I I', BY JoltaO. Deeclier, af I'lsln township. Franklin county, two atiayn one a dark bay Mure, with a email atnr In her for, head; a natural trotter; live yeara old neat Spring; aliout 1 4 hands bl:h, and appraised In 3i dollars: Hie other a hay Mara Colt, with a email star In her forehead; no other marks perceivable; supposed 10 be ono year old next Spring; appiulaed to I2, by Samuel Bsughman and Issne sj. Braiitung. I certify the above lo bs a true copy, from my Stray Book. Feb. 8..4w DANIEL SWII'KARD, J. P. ( K.LKIIKATKU GARDEN SK.KDS, frssi Its sis' ru.d ! mf D11H Laadrttk, fHifndr.sais. LL person Intending to mske use of Garden Seeds thla . Spring, and who srs aware of the Importance due to their careful Mlection,are resieclfully hifurmed that tliesutisrillier will la a few days receive a full assortment from the abova well known establishment. The high reputation of the Messrs. Landrrth, who hav for many years been largely enaaged In this business, la sulllclcnt guarantee for tlie euperlor quality of the seeds put up by them. All persons desirous of improving the quality of their crop of vegetables for tticlr own use, or for market, are advised to avail themselves of thls'opporlnnlty. A full assortment of Hie following eseds, In all their varieties, will be ollaicd for aale, al th customary price: Asparagua, Onion, Beet, Ohrn, Beans, Parsley, llroeeall, Parsnip, llowrele, pcae. Cabbage, Pepiiere, Carrot, lladl.li, Csullllowcr, hhtiliarh, Celery, Snlsnflr, Ciirumler, Scurvy Grass, Egg Plant, Spinach, Endive, S.itssh, Lettuce, 1'omnloes, Melon, Tunilis, Nasturtium, Herlis. March 4. TII0.1, S. BUTLER, Drlljgl.t. NOTICK TO CONTRACTORS. SEALED PROPOSALS will bo received hy Snm'l. Carpenter, Resident Engineer on the Hocking Canal, 1HI tlie 2wli dny or Marcli ina'onl, for the completion of sections No. 28 and 30 of the Hocking Canal. The work will be required to lie finished on or before the lira! day of Orlolier next. The descilplioo and probable amount of work may he ascertained of Hie Resident Engineer on the line, WM. II. PRICE, Aet'g, Com'r, March4-.w-td UT1 The Ohio Eagla ami the Lancaster Gaaette. Lsncaatar, 0 will plca-e pilbll.h tbo nlove till March 2ll,orul forward their sc coiinrs to this oiflce Immediately. . NOTICK TO CANAL CONTRACTOR!. IPROPOSALS in writing will be received either by tlie Rest-dent Engineer 00 tlie improvement, or hy tlie subscrilier, nt tbo Ortico of tlie Canal Commissioners, In Columbus, anlll the 15th dny of Marcli next, for tlie completion of section No. 4 of the Improvement oT th Muskingum river, Tho work remaining to bo done cousista cblelty of enrlll exra vallon. Parliculara limy be ascertained ou application to Sam'l It. Curtis, El., Rrsidciil Engineer. . Feb. 18,. w I'd WM. II. PIUCEAct. Corum'r. (gj. Republican, ZanrsvlMe, Oiilu Whig Standard, McConnella villu, tiiililish the above till Marcli 15, and forward ttccoiuit to this oliire Immcdiateiy. . . TO CONTRACTORS. SEALED PROPOSALS will he received by the subscriber, (or either of tlie Directors.) until Saturday, the 13th day of April next, for doihg the following worko - w. . 1. Covering with Ohio river gravel, oil of flint pnrt of the road lying West of th Little Muskingum river. 3. Grubbing, cleaning, grading, ami completely flntshiiig, (except McAdnmirjiig.) aliout 12 miles of rood, being all Hint part of the road lying between the Little Miialtlngum tlver olid Dana, Greenwood ft Co.'s store, 3. For constructing eight small brldgos East of the Little Muskingum. Plane of the vnrioua accllona may ho seen on iwid after the 1st of April. The work mitat he completed by the 1st of December next. The payment will lie promptly made, in cnah, aa the wofk progreases. By order: NO.AU L. WILSON, Sec Olllce Mark'lla 4 Newport Turnpike Co, ) Mariella,Feb.36, I8J9. ) March 1, t w3t..w3t i-ANO FOR SALK. ONE hundred aeresof Land for sale, 5 inlliis North of Colum. bus, In Clinton township, half a uillo East of tho Handueky nnd Columbus Turnpike. For particulars, apply to Mr. Chauit-cey Cook, of Clinlou township, or of Mp. J. C. WiUon, Columbus, at-bls store, two doors South of the Franklin Unnk. The above land will lie sold low, for Cash,. March l..lul TAKF.N l'I, BY Nnthnnlel Marlon, of Montgomery township, Franklin countv, a lilar.k Mare, supposed lo ho ten or eleven year old, a small star In bar forehead, right hind foot white nearly to the pastern Joint, some white hairs ju the root af the inU, hod all round, aliout fourteen liauda ami a half high, a natural trotter; no brand or oilier tnnrks perceivable; appraised at twenty dollars by William Walt and R11III11 Molcr. 1 certify tho above 10 he a two copy from my Stray Book. Feb. 37. ,4w THUS. WOOD, J. P. WKhTKRN HOTEL, ' " ' AND' WALDO BTAKB HOUSE;. 35 mils. JWf of Cef s'm'J;r ( lis Sss.lsssy 7uriuii, Marrli 4. " tf THE GENUINE EJ.GL1HII COURSER AND SPLENDID STALLION, Z1NUANKK, WILL stand the present season, which Im commenced, and (till end on tho 1st of July, al my tariu, In Joseaiuiiie county, Ky. oil tlie 'J'atca Creek road, 8 inllos fiom Loxlngton, and 5 from Mcliolasville. In my refuted eirorts to please and to profit, I persuade myself that I have II in my power again to lender to the public the services of an animal that is entitled to the favorable consideration of every experienced sportsman. Judicium breeder, and refined connoisseur. Fair ,lae. five feet two Indies high, greet beauty, aleck cost, high form and superior action, ore concentrated In tlilaiiohle steed. Tlie renowned iorfuniinnccs of his progenitors, anil Zinganee's own ennobling achievements, and th splendid peiforniai.er. of his dracendeiila on the English turf, together Willi the simple tloticd and unquestionable purity of bis hloud, embolden 1110 to recommend Ibis horse to the favorable derlalon of an enlightened and lllieral public. In proof or this, his peduree and his own pciformanccson the turf, are subjoined; The performance of his colta nre omitted in tho newspaiiers, because they would occupy too much apace; but the public are referred to his hills for the full particulars of tlicm, which, when read, will, beyond all doubt, satisfy every one, Hint no horse now In tho country ran boast of the like number of dcacendenls, who have so signally FEDIGREB. ZIVOANEE Is s beiutlnil bay, nnd was bred by Lord Exter, aifd foaled In 1825. He was got by Tramp, the air of Lottery, iwuo nas nan more winners for four yesrs, then any other horse in the Kingdom:) Dangerous and 81. niles. winners of ilm lw..- Barefoot, winner of the St. Legen Little Hd Hover, winner or in. iinip, iionegane, Liverpool, and very many others of high note, .luiaiiee'a dam, Folly, was got hy Young Drone, and was dam of several oilier rnpilnl racers vis: Fniiatua, Bohemian, Bytantlum, Mopans, Conviction, Sc.;-her dam, Hegina. hy Moorcock, out of Bally, by Tnimpntor; Fancy, .liter to Diontcd, bv Floriiell; Spectator, aistar 10 lloratiua, by Black chRdera; Mis. Belvolr, hy Grey Grantham Paget Turk Unity Perclval, by Leeds Arabian Spanker: Yonug Drone waa got by Drone, one of the best suns of Herod; his dam, Anna, sister lo Dido, by Eclipse; her dsm by Siectntnr, out of Lord Leigh' Diana, by Second. Moorcock iris by llhrhller; his dam, Gsorglana, slslsr lo Conductor, Alfred, ate., hy Malchemj Snap. etc. ate. 'i'hua It will he seen, that Zinganeo traces hack through a long line of distinguished snccstrr. not onlv wiihotit an imnu rrn.. hut through the most celebrated, pure end approved breeders, of wnirn r.ngiami ever boasted. Seo Amerlcnn Turf Register, Vol 8, No 6, p. 315. PERFORMANCES. In 1827, Ziiwaaee, 2 yeare old, started for tbo July slakes, at New Market, for which lie waa But favorite, but waa beat, lie aftorwarda beat the winner. Stamford, July 31. A awecpalakes of 2u aovarelgna each, fur 2 year old coin: Lord Eater's be Xlnism-f, by Tramp, 118 II. 1 Mr. Flstel'a bf laiilhe, 116 Ibe, 3 New Market, second October meeting, '.ingxnee ran s good second 10 Meiehaiit. for tlie Preiidergast alakca, (37 auha.) besting Kildsre end ten others, among them tlie winner of tlie July slnkos, and he afterwards brat Ilia winner of tho Prciidergi st, 1828. II wa the first favorlle forth Uliderly alakea. ln which he ws beat even betting on Zinganeo. New Market, Aral spring meeting! Renewal of the Now Uar kct stakes, 50 sovoreujna each, half forfeit, for 3 year ohla, 23 sultfcrlhers: Mr. Clilfiiny's he Zlnganse, hy Tramp, 119 ll.s. 1 Mr. Paynet be Mufti, by Merlin, I 111 Iba. j Lord Groavenor's h c Novnrlno, hy Blacklock, 119 Ilia. 3 8 others started, hot not pluced. 1839. NewMetkctCravmMcctta,Apill3U. Cratrep stake, 10 aov. enrh, lOeuhe. Mr. Chlfney's he Zingsnee, 3 yonrs old, 116 lbs. Ilia Majesty's h m Fleur de LI., 6 yeara old, 1:1-, lbs. 2 iMtd Cavendish's be Ainphion, 4 years old, 137 lb. -3 Six utliera Blarlrd, but not placed. Snino meeting. Tlie Claret etnki'S, 2(10 aov. each: Mr. Clitfney's b e Zingsnee, by Tramp, 119 lbs, Mr. Maloney'ariie Hough Robin, lloilis, 3 Duke of Rulland'shr e Cu.li.iudi 119 lbs,. 3 In reference 10 tills rac, the Enill.li Sporting Msgniine, No 35, 1829, says: "From the foundation of tlie world, three finer auimala never stood beside eacli other, and the race terminated to Hie ainnxetnenl of all, la tho mortiilraliiin of many, ami to the proof that Zinganeo b) the beat hnrsaof his year, by boating Cndland, who heats Hie Colonel, who beala every thing 10 the Norllil" Seo Am. Turf Reg , Vol 8, No. 6, p. 316-7. Aerol lleolh, June 16. The OaHiind ilskos, 30 sov. each, 2o forfeit, r.ir all ages, 2 miles and a half : Mr. Chlfney's be Zinganee, 4 yeara, 119'lb. If Col. Standrn'a e li Conrad, 5 year., 113 lb. j LordU. H. Cavendish rob Rapid Rhone, 5 year, 130 lb. 3 Lord Mount Charles' b c Ra.sclaa, 4 years, 103 list. 4 Fix paid foireH 6 1 4 on Zliigaur "Won easily." Same meeting, June 18. Tho Gold Cup, vain 100 sov.; 18 llhserlliera; 3j miles: l-vsril Chrslerrield'e be Zinganee, 4 yeara old, 1 14 Iba, Mr. Gully'a It u Mameluke, 5 years, 124 lbs. HI Majesty's ch c The Colonel, 4 yenis, 114 Iba, 0 Duke or II 111 In mi', lire Cndland, 4 years, 114 Iba.. 0 tard Extern b f flrren Msnlle,3 years, 91 lbs. 0 Lord SeBon's hr f Bohadllla, 4 yeara. 1 1 1 Ibe. 0 Duke or Holland, eh e Oppidan, 4 yeara, 114 lln, 0 Col. Wilson's Lamplighter, 6 yoars, 129 II. 0 Helling two 10 on suaiiisl Zingiineo, three to one against Th Colonel, Tour to one agnfnat Mameluke, four to one agaiiiat Green Mamie, nnd higher odiia agalnat any other, "Woo asily, hy a length." In reference to Hie above race, the Engliah Snorting Magaaine, No. 35, Bays: "Thla was decidedly tho best field of liorsea that over slatted in England or any other country, Tlie Colonel had henn kept fresh for this rase, aa Indeed waa the ease with moat of ttie others; and yet Zinsanee. who had run three limes previously this year, and once tlits week, beat them easily, and In the finest style." In 1831, Zlngnne challenged for tile Wliip and walked over It, Cadhud resinning it. In 11,33, be was put to covering, and stood at 1 1 sovereigns; In 1H 13, he stood at tlie same) la lli.14, ha atom nt New Market, at Hi aov ; In 11135, at Ilia aame; and, In 1836, at tlie aame; nt tliu close of which year, he wae purchased hy Dr. Merrill, and Impoited to Virginia. The puh:ic have lint. Isren put in Mii.e.lon of Zinannee'a Ills lory, Pedigree nnd I'eiformaneoe. Th performance of lib colls nave bean equally aplondtd, as a reference to Hi billa will show, r.iiv,ii,r.r, win aeim marc, inu prejent season, at sslOO, to be paid In tho seaann, and $1 lo tho groom, Mares from a distance will bo attended lo In the very best manner, having first rat blue grass paaiurnge gratia, and they vslll he grained on muderat terms, if deslrsd. Ilreedors mey rest perfectly asuied Dial th very beat aiteniloti and care will ha token of tl em. Soparate Iota and slahloa are pre-rcd for mares ki foal. The public are Invited 10 rail and set Mini. PARKER R. TODHIINTER. Match 4..W4I Lex, ob. fc Rep. HOUSE OF REPRESENTATIVES OF OHIO. SPEECH OF MR. FITCII, ' On the final passage if He bill relating to fugitive from labor or tervice from other States, delivered Monday, February 11, 1839. Mr. Speaker: Beforti tho vote id litkcn upon lliis bill, I wisli to express my views of it. I am llie more desiroua lo do to, from tlie fact that, il has brunt pressed forward with unusual haste, find is apparently about to be passed by a large majority. The nieiisure is one of irreat iiuporlaiicr; more, perhaps, when viewed in all its bearings, than any oilier w hich lias been presented to the consideration of this General Assembly, and should receive a candid anil thowuoh examination. I shall, therefore, make no apology for detaining the House tho short lime I shall occupy in expressing my views upon it. ... The gentleman from Franklin, (Mr. Andrews,) who has so clotwiently advocated the passage of this bill, ays that the law of Congress, of 1793, is not now sufficient to auswer the purpose for which it was intended! (hat thocoiistitnlion of the United States requires that wo should pass an efficient law upon the subject; and that, although the sympathies of the people are against it, nhlwugh it may increase the ex-' citetne-nt already existing, yet we rnnst not be deterred' from discharging the duty required of n, hy the constitution. It is, perhaps, true, Mr. Speaker, that this measure is against the sympathies of the people of (bis Statoj I also believe that the provisions of this bill, as they now stand, art) not only against their sympathies but their wishes, ami will meet tlie unqualified disapprobation of a large portion of our fellow-citizens. But is it true that tho constitution requires the passage of a bill like lliisl What am lite provisions of that instrument? Tho-second seetion of the fourth article of the constitution of tbo United States provides, that "-No person held to labor oi service in ono Slate tinder the laws theseof, escaping into another, shall, in consetyiBiico of any law or regulation therein, bo discharged fro.u such servico or labor, but shall be delivered up on (he claim of tho parly to whom such service or labor may be due." This is all that is contained in that instrument on this subject; and lliu reason why even thin was insurtcd must bo evident to every person, who is al ull acquainted, with the history of our country. Without it, tliu moment a slave touched the soil of a free Slate ho would become free. This clnuse was inserted to prevent this: to authorize tbo slave owner to retake, his fugitive slave in a free Suite, not to require the oitizens of tbo free States to hecomo slnve catchers for the South, much less lo require ihmn to-protect tin intcTests of the slaveholders, in violation of the rights of their own citizens. Mr. Sneakep, I venerate the constitution of my country, and acting under tlie obligations of an oath, I will not knowingly violate a single ono of iis provisions. But oo this subject, as the citizen of a free State, and holding slavery, as I do, in iust abhorrence, I will not 'coVJaent to go a single inch, beyond tho requirements oi me coiiBiiiuuoTr. - Tho bill now before the House, while it is so framed as to guard and protect, with scrupulous care, the interests of tho slaveholder in our sister Slates, almost entirely disregards the rights and interests of our own citizens. The fourth section of lire bill provides that, in case the claimant is not ready to proceed to trial, uon malting alBdavit of that fact, and paying barely the costs of the trial, he shall bo entitled to a continuance, not exceeding sixty days? and the alleged fugitive shall be Committed to jail to await his trial, unless he shall give bonit, with sdlTtcient securities, in Iho penal mm of one thousand dollars, conditioned that ho will personally nppear ut the time of the trial, and abide tho decision of the Judgo or justice. Hut no security is required of the claimant that he shall attend at the trial, and make compensation to the person he has caused to be Imprisoned, if it shall appear that he is not a fugitive but a free citizen. No bond and seen, rily are required that he shall pay any damages, which may be sustained by a ponton unjustly imprisoned nt his instance. If the claim is wrongfully made, either through mintako or malice, is it probablo that the vioiiiiui, mi, voluntarily return to make redress for the injury whirh.be has occasioned, or place himself in a situation where the injured nepnon may conveniently have his legal remody against him? Nothiner is less probablo. And long lielore the alleged fugitive can get out of prison, the claimant will he beyond his reach, and ho must quietly submit to the loss of his time and his liberty, occasioned by the law which we are now about to pass, without any hope or possibility of redress, la thin right? Is it such justice aa should be measured out to any lnli,il,iuiit of this Hiatol h appears to me that it is not; hut thai, if wo require the person claimed as a fugitive to Ira imprisoned, or give heavy bonds for bis appearance at the trial, (sueli as not one in a hundred can give,) that we at least ought to require iliat the claimant shall also altend, or if he fail to substantiate hij cluing shall eompnnsale tho person he has unjustly caused to be imprisoned for the loss of his lime, and Iho damages he may have sustained by such imprisonment. Yet, Ihrieo have al-tempts been mado to engraft this just and equitable provision on Ibis bill, nnd thrice have they been rejected by a majority of this House. But we are told, sir, that ll is not to be presumed that any one will make an affidavit that is not Hue, for, if he should, he would, by this bill, be "deemed guilty of perjury." To say nothing of the tlillicully, amounting almost to an impossibility, of oonviciii g a person of the crimo of perjury, for making a false aili-davit, in which-he sweara only as to his holief in the truth of the statements therein contained, the affiant will, in mol cata, bo out of the State, and beyond tho reach of iis legal process, beforo lite falsity of iho affidavit can be established. And who, sir, are the persons, and what is their character, who are usually engaged in this business of catching slaves? Are they hoi o ablo and high-minded men? Will such men descend to sueli an employment! I think not, and I appeal to the members of this House to those who ore the most ardent supporter of this hill if they would, in tlint capacity, personally aid or ussUt in carrying! out the provisions of this bill. Sir, 1 know they would not; there is not n man in this hall, nor an honorable man in the Slute,th-.il would. Who, then, I repeal, nre those who are usually employed in this business, in revolting to llie freemen of a free Slate, but who, wo are loid, are abuec $uipieiont I believe that they are usually those who are ready and willinjr to do almost anything fur hire, whose morals and principles-are such, that wo should be ve y loath lo trust them with our property, much less with our liberty. Again, sir, this hill, with Hint anxious rare to pro. tect tho slavo properly of our southern neighbors, which pervades every part of it, provides that the claimant, his nrrentor altornev. tun nnnlv in sne Judge, justice of Ibe pence, or iinwnr of a town corpo rate, ami, upon making a loose nllnlnvit, shall receive a warrant, direclrd to any ithcrilT or constable in the Stale, authorizing him i rirrrt ibe person Ihorein named as a Tugitivo any where within tho Stale, and tako him beforo any judge, mayor, or Justiro of Iho peace in the county where he may beam-sled.- Thus giving ihe claimant, or his agent, an opportunity of selecting a siiitablo tool Irom among lite thousand of this class of officers, and then extending their authority and jurisdiction over Iho whole State, being an ex-tension ol' juiediction fur excoedinsj what it is even in sriniiuul cases! But I have heretofore expressed my opinion to the House on this point, and will not now dwell upon it. I am, also, Mr. Speaker, opposed to this bill, because it dors not givo to tho person claimed as fugitive the right to a jury trial. A right, whiolt I be-llevo is guaranteed to evory ciliien uf ibis Stato by llie conmiitition, and of which we, by our legislation, cannot deprive him. Yet, this bill authorizes n bin-glo ningimrttte, Bnleolcil by the claimant himself, lo decide upon the lilserly of our citizens, nod u ithnm . Jury or llie nubl to appeal, dollies him with power to uuiiaiuu u leitow neiiig 10 nopou-as uontlrnro. 'I'lio riohl to a jury trial has jtiatly been considered us ona ol the most important It-atures in a free (iovemiiient, and one of the strongest bulwark against oppression sad tyranny. So important waa it considered to be, by the fratners of the invaltaibki ordinance, of 1787, foriho government of Iho Territory northwest of th river Ohio tho object of which, in part, is declared to be, " for extending Iho fundamental nriiieiiiL.s , t civil and religious liberty, which forms the basil wiieroon ineso republics, tltt'll law al constiltiliofls, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said Territory" that it was expressly provided in that instrument, that " tlie inhabitants of ssid Territory shall always be entitled to tho benefit of the writ of habeas corpus and of the trial fry jury." The constitution of this State, carrying out ihe principles of the ordinance of 1787, declares that " the right of trial by jury shall be inviolate," These provisions are concise, but they are plain and direct, and cannot easily he misunderstood. They secure to every citizen of this State, without distinction of grade or color, the right of trial by jury. Antlitdoesuppearto me, that, if we legislate at all upon this subject, we are imperatively required to grant to persons claimed as fugitives from labor a jury trial. If person is accused of a petty offence, of an assault nnd battery for instance, the punishment' for which is but a trilling fine, or a few days' Imprisonment, he can demand- to be tried by a Jury; but, by the provisions of this bill, if he is charged with being a fugitive slave, however false and unfounded the charge may be, he is to be hurried-before a single ma-gistratn, whoa decision, fiiml and irrevocable, seals his fate for life uronouncea him to ba a frer-mnn nr declares him to he a slave- But it is said-, that the constitution of the Unite..! States does not seem to contemplate a hirv trial intl.i. case; but that Ihe alleged fugitive should have his inai oy jury in the state ffom which he is supposed to have (led. So far, at least, aa Stiile lesislation is concerned, I cannot admit the correctness of this doc. trine. If we have the right to.prescribo the mode of trial in one respect, wo have in another. If wo hnvo the power to enaot that the trial shall be by a justice of the peace, a mayor of a city or town corporate, or t single judge of a court of record, wo have equally tho power to provide that it shall be by a jury; and we are hound to do so by rite ex-press provisions of Iho ordinance of 1787, and our Stale constitution. It is admitted, that a person chimed as a fugitive from labor should have a jury trial somewhere, hut it it is. contended, that it should bo in the State from which he tied. This, with that one-sidi.-d view which characterizes this bill from beginning to end, presupposes that the person claimed is actually a fugitive, and that the claimant will lake him back to the vcrv ..lnnn r . ...i.:. i. l i J piaco iiuiii which ne esrappu. It is a maxim, air, of th common law. founded on principle of justice, that every person ia presumed to be innocent, until he is proved lo bo guilty. And I can perceive no good reason why this rule should not apply to one whose liberty is at stake, not for any crime which he ia supposed to have committed, hut oecause lie is ctiargeU Willi attenipling to escape from slavery, as well as to one.accused of atrocious villa-nics and detostablo crimes. But suppose, Mr. Speaker, that the person arrested under the provisions of this bill, is nut a slavo, but a free cilizeus of Ibis Stato, where should his trial then bo had! Should ho be dragged, as a lavo, into a distant Stale, where slavery is recntrn'm-d. and whnrn Tits vt-ry-e-iorjnay be presumptive evidence against him, lo Itavo his "tfTri Mtirt, among strangers in a strange land, fnr from his friontlarh,' -fajta .the wit. nesses by whom ulono ho could prove his froedour?' Or should ho have his trial by a jury of his country in tho county where he resides, where ho is known, and win ro alone he can obtain the testimony necessary to sustain his defence arjainst the f.ilso charge which may bo brought against him? Uir, it does appear lo me to be so plain as lo be almost gelf-eviuVnl, that lb trial should be here, and not elsewhere. But the gentleman from Hamilton (Mr. Karen) contended, the other day, that iho trial provided for in this hill is not final; and if Ihe person olaimed nnd taken awav is a freeman, ho may still havn a trial in a slave State and regain his liberty; and, in support of this position, he cited the caso of a colored man, who was Lakcn from tho ciiy of Cincinnati as a fugitive from labor, and carried to the State of Mississippi, where ho obtained a writ of habeas curpus, was taken before a judgo of that Slate, when he o clearly proved that he was a freeman, that he obtained his liberty, and has since returned home. . I am much obliged lo ihe honorable Speaker for mentioning this caso, fur, so far from sustain his position, it proves, conclusively, lo my mind the necessity of our providing, in this hill, for a fair and iinp.irli.il trial for this class of our citizens. Here was a free citizen, who, for the want of a fair trial in this Stato, was unjustly taken more than a thousand miles from his home; and because, forsooth, he was so singularly fortunate as lo bo able, through the assistance of friends or otherwise, to prove thai he was free, and obtain his liberty, wo are told that this is prooL, Ihat the soulhern slaveholders aro disposed to do justice, and wo may, therefore, safely leave Ibis matter lo theut! It has also been urged as a reason, why we should not provitle, by this bill, that a person claimed a a fugitive from labor shall lis tried by a jury, that it will inorense Ihe trouble and expense of the claimant, and tend to delay th trial. But, sir, can trifling considerations like these weigh against the liberty of one of our citizens) Ought we to refuse to any inhabitant of this Slate the right to jury trial, when all that is most dear to him his liberty is at stnki-, merely because it will occasion the claimant a trilling nddi-lional expense, and a few more hour deltiy in obtaining possession of hie property in human hVshl Clearly not. ' 'I hear, air, are loms of the objection which I have 1 1 this hill, and Ihoj aro sutticienl to indues me to vole nguinst it. But, Mr. Speaker, independent nf l bone objections, there is constitutional question, which is entitled to our serious consideration. In the few remark which I made on Saturday, on the anv-iidnient olTi-red hy ihe gentleman from Cuyahoga. (Mr. I.loyd,) I stated Ihat this lull had been pressed forward with so much haste, that I had not had any opportunity to examine tho law upon the subject, but thai it was my impression that, rtho law of ConLTt-ss nf 1793. unon Ihia umamk. Ject, waa constitutional, a it was contended to be bv it., r.; i. .r a.: i ... J ...u inn, ui una inrasnn', nu assumeii in lie by the bill itself, wo had no power lo pas this bill. That I believed the law to bo, that, where Congres had the power In h-gialalo upon any particular (abject, (ml had rxerrtsed that power, Ihe Slates had not the right lo legislate upon the same indivisible aubject-matlrr, for the obviou reason, thai Ihe Inw of Congress being of paramount auihoriiy, the Stale law must yield to it, nnd would, consequently, be void. I havo sinre, sir, though I have bad but little timo for that purpose, examined some of the authorities on this subjert, and I think thrj fully sustain Ihe opinion which 1 then expressed. Tho gentleman from Frank-lin (Mr. Andrews) has riled the opiniun of Chancellor Kent, in the case of Livingston vs. Van Ingen, as sup. porting the right of Iho Legislature lo pas this bill, but I think, upon a careful examination of that deei-ion, It goes no farther than lo decide, Ihat, in rases where the Stalo Legislatures may have concurrent power with Congress, il ia no objection to Ihe validity of a Slum law, in a case where Congress has not exercised it power, that it may conflict with the future legislation of Congress, lln ays, thai, " Where tin re ia no existing regulation, which interfere with Iho grant, nor any pretence of a ronstilulional Inter-diet, it would bu mnsl rilraonlinary for us lo adjudgo it void, on the mere cnniingeuey of collision with loino future exercise nf congressional power." He was contending, that the Stals of New-York had the power to grant to certnin of her citizens the sxclu. ivo right to navigate the inland water of that b'tale hy steam, on tho ground, that Congress had nnt passed nny law which eould cnntllcl with Ihe exercise of that power by the State. The principle of hi dwoi. sion, however, were, il Is well known, afterward overruled by the Supreme Court of the United Slate in the rase of Uihhnn . Ogdeii. With the leavoof the House, I will now read somn extracts from the opinion of Iho court, in the ense nf Houston vs. Moore, (5 Whentrm, I,) di-i iileil hy the Supremo Court of the United Slate, which, I think, fully sustain the pnsiiion wbirh 1 havn liken. Judge Story, in Ihat r ise, nys: What, tln-n, Is the stale of tho case before the court? Congress, by a law, declare that tho olhYcr and privates of the militia who hall, when railed forth by the IVaident, fail to obey his orders, shall be liable to certain penalties, to be adjudged by a court-martial, convonrd by it own an. thority, 'I he l.rgislntur of Pennsylvania infliot tho nine penalties for tho same disobedience, and direct these, penalties to bo a.liii'lged by-a Slate court-mar. Hal, called exclusively under its own authority. The oirence is created by a law ol the United States, and is solely against their authority, and made punishable in a specilio manner) the LegisiaUlre Df Pennsylvania, without the assent of the United Ststes, insist upon being; an auxiliary, nay, as the defendant contends, a principal, if not a paramount, sovereign, in its execution."" If an act of Congress be the supreme law of the land, il cannot be made more binding by an affirmative re-euactment of the some act by a State Legislature. Ihe latter muss Kn m.n,i. ;nnnuK..:n -.. n;.t. seeka to Ktve sanction to that which already powesses (lie nigl.esl !netion.1T IIm II a Vat nlaxa If .1. C....V a. iL. ---' it in a wiiiio cau rc-enaci we Rama mn;ilfif A. it mnv nni nAnr.ii: 11.. rn "j ""ai i?iiaiiiuB BUUBlaiiUdiijr dtfturent tor tlifl same offence, to be adjudged in its utiuvuiiris. ii u puBsStJHi a- concurrent power ol le- tT.alatinn. Hnni tn m-.L-o it o Aiallnnt SClctn (T .Ls a " sw... uiqisj uiiuilttj, yi uai puniahmenLe it shall impose must depend upon its own lliort.lUrv I.. L- L: -SV sJ.-a, M...' utivu. mi mo uAeruiw ui ma. uiwreuon, u is not lilllllrt fri tliss rtr,,l,rJ rtl. ILIlnlGtol... Ia ,w ,,, vuiltlUI UI MIO UIDlCSs M. IHOy enact more severe or more mild punishments than those declared hy Congress. And thus an offence, nriiF-Inrailir- ommJ k. I 'il. If .J a. -a -..(j.a.a.giy VlletnvU uj lira JAWS UI 1110 UUIU3U CISICS, and growing out of their authority, may be visited by National Legufature." 'I'l.;- .... : at. . ' '.' mis, bu, is pit.-cii'ijJY me caso now Dcroro us; we am. 1)V thin hilt. fnanli,n mnro A.yA.. . --, -j .... uivm wrriv puillBIMllClllB than those prescribed by the law of Congress for the same offence, contrary to " the intent of the National ' Yt" ftilVat .Tiwlrra Slnnr H.l.aa .1.. defendant's counsel might he here urged, that the State law was merely auxiliary to that of the United - miius, anu mm u Buugm oniy to eniorce a public duty more effectually by-oiltw penalties, in aid of those j....,..,.,, j wt.nv. i no repugnancy oi such a j tato luw to the national authority would, neverthe- .. -o, MD ...... in. ot, Biiiuo it vrouiu set;K to punish an offence c mated hv (7 elan d will of Congress." " i nat more aro cases in which an offence, particularly aimed at tlm Inwi n ..ii.nv;.. .f t it States, may, at the same timo, be directed against (..u.o-.u.u.mj, ntbo,aHa uius imj within Uie legitimate reach of .state lew islut inn. in tu l.anM r . . , , - ui'uviILD ut IIUUUIIUl legislation on Iho same subject, I pretend not to affirm. ,..,. - in oo sumcieni 10 meet such a case when It shall oriso. But that an offence against the constitutional authority of the United States can, after the National Legislature has provided for its trial and punishment, bs cognizable in a State court, in virtue of a Male law creating a like offence, and defining its punishment, without the consent of Congress, f am very far from being ready to admit." These sx-traets from llie opinion of that eminent judgo, in a case direclly in point, it appears to me, sir, clearly show, that if Ihe act of Congress, of 1793, is valid, wo havo not Iho power to legislate upon the same subject, and, if wo do, that the law will be inoperative and void. Hut it is aid, that this is but the opinion of Judgo .Siory, who dissented from the decision of the onurt. This, sir, is partially true; but JilCjIt eision of the court turned or, another point, and it ilnea'Tinf ruitipar. lint ttia, all ,1.. :...!.... . : , ' , rt ' """ . ' ""J-'lJi., SiVTI'tone, atrreerl in Ihm nar)l.reuji L- l. IV ... !.;.. ...l. -n -- .u,ai, auugU SSim delivered theooiuion of tt.n A..,..i ...... ' This question docs not so much involve a contest Tor power between the. two Government a the rirrhts and privileges of Ihe ritixrn, secured lo him by'ihe constitution of the United States, the benefit of which, ho may lawfully claim. If, in a specific case, iho people have thought proper to bestow certain power on Congress, as the safest depository of them, ami Congress ha legislated within the scope of them, the puoplo have reason to complain that the same powers should bo exercised, at the same timo, by the State Legislatures. To ubjeet them lo the operation of two law upon the same ubject, dictated by distinct H'llls, particularly in a caw indicting pain and penalties, is, to my apprehension, something very much like oppression, if not worse." "I consider it a novel and unconstitutional doctrine that, in cases where Iho Stato Governments have a concurrent power of legislation with the National Go-verninenl, they may legislate upon nny aubject on winch Congress has ocled, provided the two laws are not, in terms or their operation, contradictor and repugnant to each other." This substantially agrees with the opinion of Judge Story, expressed in tho extracts which I have read; and is the deliberate opinion of the highest judicial tribunal in our country; and ha never, f believe, been overruled or tlonled, but, on the contrary, ha been sustained by subsequent decisions of Ilia same court. Judgo Story, in his valuable Cbmtnenraries on the Constitution of the United Stale, published several year after the di-cision of the rase of Houston . Moore, quotes this opinion of Judge Washinerton, and cites a number of subsequent decisions of theSupreme Court, w-hich sustain il; and, after a thorough examination of ihe whole subject, lay down the law. to be ubstautially in accordance will? that decision. It appears to mo, that these- authorities hovr, conclusively, that, in case whore Congress and the State Legislature may have concurrent jurisdiction, if Congress has fully exercised it power, the Slate Legi. lature are barred from the exercise of the ame power, whether such exercise conflict with the law of Congress, or ia auxiliary to It. Do these decisions apply to the case before usl To how that they do, Mr. Speaker, it ia only necessary to examine ome of the provisions of Ihe act of Congres of 1793, and compare them with this bill. The act of Congress provide that, when a person-held to labor in any of the United State, ahall escape into any other Slate, the claimant, hi gent or attorney, may iciz and lake him before tome Judge or ma-gistrate for trial; and that any person who ahall obstruct or hinder Ihe claimant in to sening such fugitive, nr rescue him when so arrested, or ahall harbor or conceal him. ahall P.,rfii .nA at i.j j.i , . ts ii.o niiiiurca uoi- Inrs, lo be recovered by action of debt. Thi bill provides for the aino object, and, to ome extent, use the same phraseology; but it require the claimant lo ob'ain a warrant from some judge or magistrate be-lore he arrests Ihe alleged fugitive, contrary to the act ol Congress, which permits him to arrest without a warrant, and, in this particular, direclly conflict with the law of Congres. Again: this bill, in aid, say it litenils, or the law of Congress, and to make it more efficient, enact Hint, if any person shall, in an manner, hi or binder tin. nlni,.,.ni i. ii.. : - - - -.... , ireuvrrv or rce. clainalton of any fugitive, or ahall knowingly harbor nr PmtilnV ana a...i. .. ! . ! .... 1 . ' ... .........j ... .wwi lugmirr, ne snail, "upon conic- lion therouf. hv imlinianam ka, t- . 7Ti I? fV hundrcd dol,Br or Prisoned in ",n "uuniy, normom in in. sixty days;" thus (111 l II IT additional n.l rA,.m,.lni; .i prescribed hy Congres, which, lo uss the word of Jlllltrn W.lulimnlA.. ii.. i. , . . k"'"i ', my apprcnenston, aome- ttinif scrjr muck like opprtuhn, ifn worst." I have touched on a pari only of the objection W itch I have tn il.i. I, ill- I .1...; i iJ. , , , . . ""l uu' ii".'.r view 1 ittae 01 It, Whether I consider thorra.on of Its introduction, lis object, us prori.jon,, or constitutionality, I can Bnd but Ittilo to npprnvo but much to condemn. It was introduced ut Ihe request of the pcopU of another Malt-, not in compliance wilh Ibe solicitation or wish- tft. Of flllf ntVIt nit '.. a. vaa.J Is I L al . . pwasi'd forwartl with so much hntti, tlnit wo have had II Alilnailn .-!.. 1.. a ru vmuiiiio na proTinicni, or loeonsiiier its effects. Hit fmm iKA k...dr.xl..i(.ni;An ..u;.i. l , riiiHMiii.iiiiiiiiiiuiitTiiii iii ii are 5,wn al'l to ffive it, I nm (utisfied thai if the law of uu.,K,rn9 ui ai;-o is constitutional, a conteniietl lor hv Ibe friends of lliia Kill. u.i lisw- nn t...:. Into npnn this ubJocL But, if we have the power. turn cannot but consider the provision of. thi bill aa linenillll. nnnhM,!.. n,l ..i.t..-. . : . .1 rl.,, ,, uxjuM cirniii' ins aym- patltte nfour people, n outrage upon the right of a free people, and in violation of the constitution of our Stato, and the Ordinance of B87. I.tfn l-iitr Ritr. J,J ACRRSof vslualile looeJ.J rolls, from Ooluml.ua, ' ""sr one mile from llie NsJionsI llua.1. oo in. m .ids Alliim Crsslt. Til. land la will tlniosred, ami lis aevarsl aprlnca oa II, wlnrli liave atroiilca aa alnindanee of water during Ilia prssrm sesson. A rwttloM of It Is tiottom land. Tlwr la a Saw and tlrlst Mill a.ljolnlng list land. Hrsoaia vrisMsg to porrliaas, III S-ilr lo McL'LtlLLANU s ARMSl'RONtl, h (Muniima. I OUT.. Nuralo Bottles, just rclrd nd for ssh by JDIIN rKKNt ll, Ucl- 4 door aooih of Nol,- t.l. 1

L AND REGISTER. I VOLUME 29. COLUMBUS) OHIO, TUESDAY, MARCH 12, 1839. NUMBER 39. OVEN A PUBLISHED B7 C. SCOTT fc S. DOUGLASS, ' At tfcrM Dollars a year, invariably In advance, Ticict a toetk during the Sees ion of tht Legislature and Week, the remainder of tht year. Office oti State itrwt, Two doon Wert oT the Clinton Bank, ADVERTISING. Twelve Itnei or leu. fliielnwirllon, ,......... 90 50 . three..." ..1 U0 u (i enchndilitlonallnireriion, 0 25 ' h ' i it three montlii, 9 00 ' t t m fixmonthi, ....5 00 u 4 twelve inontln, ..8 00 Longer advortlMtnenti In Uie imme proportion ai tlie aitove. A deduction of twenty per cent., (on l ho excel.) wlten Hit amount exceedt twtmly dollariln ill inontlii. All AdvertlMtnente iliotild lw marked on their face with the enmberof Iniertlona deairod.or they will be continued till order yd out, and chnreed by the Insertion. No reapenalbillty for errori in legal Court Adrertlaementf, beyond the amount charged for their lneerilonv ( . YKaVKLY ADVBRTIIINO. One-eolith of a column, (nbout 25 tinea,) 91 2 00 One-fourth " 16 00 One half. " 25 00 A full column, . 40 00 Any Advertiser exceeding the amount engaged, to be charged for the exceti, at the first rate above mentioned. (fTAII le'tert relating to iitbaeriptlone mint be add retted, (port-paid,) tO the PlIBLIBHIRi. LIHT OF AGENTS The following gentlemen are authorixed to art ai Agenta for the Oliio State Journal and Rfglater, via: ffeil Union, NeNon Barren, Lima, D. I). Toinpklna, Athens. ...,.A. O. Drown, JeferiAek.Hei. Qnylord, Hamilton, ...L. D. Campbell, Bt.VVrwoUle,l. J Howard, Georgetown, David Johnaon, CarroiUtn,., Wm. Johnaon, Jtataoia, . ... Aintirote Ranaoin, fees Lisbon, Dan llarhnugli, Coshocton, ,.3. flohlnaon, Vrbata J no. A. Corwif., Springfield, .J in. 8. Halaey, rVUmington.O.font, Bticifrui J no. Moderwell, Cleveland, ..Pl.Ho Rcovltl, Detatoart,.,,T. C. J once, Oreenvillt,,. Hiram Ucll, Sandusky Q., A. II. Ilarher, Lancaster, ..fleo. Pnmleraon, fVatkington, J. 8. Ileremnn, Oattipolis, ..J. Dr ou 1 1 lard, JTen'o, (', L. Merrick, Paintseille, ,R. Illtchcocfr. Cambridge,., l, Rohh, Cadit, J. 8. l,aeey, Kenton floor fp. John, Wttsboro..W.V. Hrolt, Millers burg, W. R. 9fip, Milan, O.W. L'ltoat, Cincinnati, , V. Toby, Findluy VVHaon Vunce, Star, P. Q.,., David Julmaon, Jaekeon Alex. Miller, 8'eubenttitlt, Ja. Collier, Mt, yernon, ,Wn. Itnvens, Toledo J. R. Oettartt, Burlingtox, .Win. Miller, Newark J. MatUtot, HellefonVne, B. BUnlon, Ktyria, . . ... A. A. B)Im, ' Marion, J. H. tiorfiiian, Chester, ...,D. Hurtwr, Piiui, D. A dn mi, rVoudufield,.. Wn. Biwl ZamtitUUtt.C. B. Goddard, Midint, J. Id. Clark, Ltlndaa 1'. itlcLene, SI. Marl,, ,.lt.V. Stcarna, Angles VV. J. MeKiiuwy, 'rt Br.n,i. Dewcca, Piktten Kliilm P. Peters, Kalid J. U. L'ocliron, tomtrttt, ...VV. K. Moeller, Ciresrifs,..Jauiea Itell. Haetaaa, ...Ueo. Y. Wallace, Ksrea . D. Hendricks, Mattfitld, ,.C. L. Bliernuii, CiIfic.tls,.C. Mnrlln, Partnr:'!tt.M. Vrcgiyry, Ceass O. Reynold. Viffin Joi. Howitd. Siititef, Jncnlt d. Conklin, ,. SaJH,kj,.. fthly, WtrriH, ....I.. Kln, X nilaidp.,1. Ovetliolt, Margnvittt,.. Win. fltoel. H7.ir,...:. Mounl, P4rrftnrg,.V. V. Ueinrr. LiaH9t HmlitKa, Jr., Mantua, .,.. Tcil, JVootUr C. Rjillik. Default,.. ..B. Urutaelier. CRANVILL.I3 IXSTITUTION. Out milt Wtil OratxMIt, LUkii uaal), Mi.. TIIKMveril depnrtment. of till Inilitullon, Collnilllo, fit-pirolory ind Enjllih, will l opimod for llie nut term on Thuridny, Marcli 21 fL The cipenie. for lln Mrm of 21 norki will be, for tuition, f 10 50; for Imnrjliiu and wi.liin, $211 511; for room rent, $3 00. Iloyi are elurjpil, In adilltlnn, for fuel, furniture and Unlit., 'I; oilier, for furniture. If tlury ehonM to have it, $2 Oil. Hoys under 15 year, of ace, miil .nter for .. term, and pay in advance; others for not less than lialf term, and pay in advance. It is liniortotit for every student to enter at the beginning of Die term. March I. J. 8TEVBS, fee. Fllir.! KlKt:!! KIRK.lil PORTAGE CO. MUTUAL FIRU INHIIRANCR COMPANV. TIIK suhKrllier will be happy to wait upon any person del rous of rtreetlnf Insursiiee In tlie above named Compnny, and to furnish any information In his posresslon with regard to It. I.. IIKYL, Aient. Office 1 door North of C. Ueyl's Hotel, High-street, Columbus. March 4. 10,000 Genuine Morua Mullicaiilis Trees. TF.N thousand genuine Moms Multiesulls Cuttings, grown in New-Knglaud, are well malurcd, and a very desirable lot of trees to propagate frnm. SOJIIH) Chinese, Alpine mid Brussa Soedllng Trees. 300 (WO Bilk Worm F.ggs, and genuine Imported Silcsian Sugar llt Kerd. ror snle by CYitUD PORU & CO., Mnsslllon,8larkCo., O. Feb.20..Cw CUONIIV, IIOTT k CO., WHOLESALE DF..M.EUS IN DRY COOUS, No. 18, Eiclisnge riice, Opftilt tlii ntm frcessfs, NEW-YORK. CI CROSBY k Co., have aeaoe'atrd with them In the Cry I7.f . B..i.., Mr. JA.MKM A. IIOYT: and tlie bu.i- ness will be conducted liereafler under Uie drm of CROSBY, s nave taken the uew and eonimodiuus stors. . hi, wmait met, airoctly opposite the acw Jlfircieat's i..f , and intend to keep at all times, a general and well sr- 4 nstoriuiGin oi seasonsnie Fumj and ;ilit Cry (Itodi, "ie ciiy ana eounlry trade. We shall stilctly adhere esse pmttpu, aim sell at s.H east rtf , at a sniill id . expenenre Having demonstrated th it the lanr trtdit .... I produellvo or greater I... than f'ft, to both s.r ami : Artlny, therefore, upon the nrinrlnle that s sj'm.s six. i it itittr than a s.is aiVls,' we respectfully eolicH our i ruitomers and friends, and all who bollefo that i'd, it at goad at nr. ec tarati," to cnll and csamiiio our a ess rnttt; and he'iive that tlie faeilillee we iMMeei fur nro- f curing our goods on tlie best terms, will enable us to give general r satisfaction. We beg lenve to subjoin a few remarks, relative to the nrescnt and prosiectlvs ststs of tlie market. IHmtttiet are plenty, but have advanced a trifle in price ainra the last sesson, and will probably remain shout slstionsry. The stocka'nf ffcr.iVa (?, of all descriptions, will be very sbun. danl. The importations are much eerlier then usual, having al ready been large, and numerous arrivals are yst expected; so that iiw supply win m tuny adequate to tlie demand. All those who lisvoiasa lo psy, mey conlidently extiect to And as f,d atrgtiat, as at any former period; end also at a asas. 9mt prttft below the usual credit priens. Tlie prnuf will be ap-parent on trial. CKOSHY, IIOYT Ct). Feb 2i,.w,lm Jf.. B, K.cls.y. PUtt. TIMOTHY KKK.I). ,J DUrSIIIXg good Timothy Heed, for eale at my Slurs. S R. W, LWI.EB. Worthlngton. Feb. gj. ,sw4w 1KOK HAI.K. )KV No. 39, In Trinity Uhurcli, Uohimbns. A Body Few; enlranca on tin Wael aisle, for further panlrulare, an-lulraof DAVID UKUUKS. Feh.ai.,tf TC ttKKKK, SI'ICK, fcc. WO hundred Bag. Coltee; III - Biike; 10 Fepiier; SUOMaUCanU. Foraaleby Ultl'riORY, BI'RR k CO., . V. l and 11, Koiilli lllh street. CI.ANS. 0 NR hundred Bones by Ml onto, 60 1U by )i do. For sale by URCGOHY, BURR 1 CO., H. Id 31, Houlh High at. TOBACCO. 25 iiiiaks t-vendish; ii " Honey Dew; 2U " 31 Lump: lo 5 do. For sale by GKKCORY, BURR A CO., ..ffJfJM; l i. Hoiilb lllali-ot. 25 111 X KM PII'Kn; III M Feppur Hsuce: 13 Lemon Hyrup; 25 " (!nndy, Asaotted, 15 Havana I'reservest 10 u Canton Olugor. For asle by URKilllRY, ni'RR ft CO., ''tt l'J at 31, ttoulh High . TKA. PZI CIIK.KTU Ynung llyion; " lINIhfch'u do do HM'slllr. do do 30 Half Cliesl. lniierUI; 10 Uuniowiler. For sale by GHKIiOHY, BURR CO, "" 19 sl,"oiilh High st. LKMOWN. "I BOXES LEMONS. For sale by - ' ' UHMiOHY, BI'RR It CO., 1U Oi 31. Houlh Hull .1. OU ARM. "lWUU HMKhj Hsvana; 1II.IIIKJ II. If rlianlalis 6U.0II0 Common. For snle by GHKUORY, BURR k CO., ' Feb. 2). lUat31,tk)Uthlllihrt. Administrnlor'a Noli. A LL person. Indebted to the estate of Adam Rarcy, deceased, LX. lale of Madison township. Franklin county, are requested to make Immediate psyment; and those having claims sgnlnst said estate are hereby notified to present them legally provon for settlement within one year from this date. Feb. IS. .4D WH. II. RAREV, Adin'r. JM'HI.H! VK.VDVK. THERE will be sold at Ilia late resilience of Adiun Rarey, decerned, In Msdiroti township, Franklin coiinly, on Thursdnv, tlie 14th of Marcli next, the property of said deresssd, the following, comprising a purl; 15 bead of Horses. 30 head of Cattle. 35 head of Hlieep, 35 lieud of Hugs. I Durham Bull, and 1 pslr of Work Osoli; Wheat In tlie ground; I Wagon, 1 Cnrriaso anil Hurneas, 1 braes eight day Clock and ease; Farming Utensils, Household and Kitchen Furniture, mid other artlclce too tedious to mention. Sale to commence at 9 o'clock, A. M., of anld dny, and continue from day to day, until all are sold. A credit of nine months will lie given on aniiis over tiro dollurs, by tlie purchaser giving a no.o with approved security; under five dollars, cash in hand. Fcb.35..3w ' WM. 11. RAREY, Adin'r. ' Hheriir nnd Cninmiasioiiur'a Mule. BY virtue of an order of the Court of Coiuiiioii i'lena of Frank-lln county, Ohio, in chancery aitllny, to me directed In a rasa wherein the Ohio Life Insurance and Trust Company, nro com. olninanta.aiid Aurella I'urlah and others ore defniidaiits, I siisll oirer for saloon the ltitli dny of March nest, between tlie hnura of 10 o'clock A. M and 4 F. M-at Uie door of the Court House, in Hie eity of Columbus, Prnnklin county, the following described rent estate, to wit: In lots In tald city of Columbus, knmvn by their numbers on the rocorded plan of the snid city, vis : No. 634, 635,626,637 and 638, together with the Improvements thereon situate, or in anywise to the same belonging, Hnid several iols arc appraisal as fallows, to wit: 624 at $1400, 635 at JIIOO, C3tf al glUOOi 627 at ttiOO, 638 at 5J0. Tnriua cah. 1. URAIIAH, Sheriff and Biecial Mnater Commissioner. February 13. .ts t 811 KRIFF'S HAI.K. BrsTk or Ohio, Fiunkiin ciou.vtt, aa. WILLIAM B. WINDER, et al., va. Edward 8. Winder, Franklin Common I'lena, Sept. Term, 1338, pe'iiion. for partition. By virtue of an order of sale mnde In the above case, lo medL reeled, I ahall eipose losnle on the 18th day of Mnrcli nest, nt the door of the Court House, ineuld county of Frsnklin, between the hours of 10 o'clock A. M., and 4 I. M.of snid dny, nllth.it tract or parcel of land In Hie petition dcsoi Usui . to wit : I,ote No 5, 6, 8, end 0, of ono hundred ncrea each, in Bee. 3, T. 3, R. 19, I'nlted Btalea Military Ijtiula, situate, lying and Icing In tlie aaid county ol Franklin. J. GRAHAM, HIilK Feb. 13. ts ADMINlHTRATOIt'g HA LI?. BY order of the Court of Common I'leus for Frsnklin county, el Its lust Heptemlier term, I .hall, on Saturday, the I6lh dny of March noil.at I o'clock, p. in., sell lo tlie highest bidder, Iu-lol No. 8, In the clly of Columbus, subject to the widow's dower. Feb. 8..w w H. CROSBY, Adin'r of Maul Miller. T1IOI KK A NO LOT FOR SALK. O be sold hy private coulrsct, a Urtrk Building, and Lot. ?hc iilMing Ua litci) occupied as a Htore, for tlie last five years belonging to George Dean, of vN,?low, Pike emtnty. In-dlann; now occupied by Meeara. Chapmanenii'naurlrfek.-tUu"-ted on tlie Weat aide of Wlielatene river, about half way be.' tween Delaware and Columlma. A first rate country trade Is now carrying on; It Is illumed In mi circllriu neighborhood, nnd the aurroundlng country ia very thickly settlud. Price 8350. F.very Indulgence will be given lo Hie purchaser. For flirlhor partleulsrs, apply to the proprietor, or to Tlionias It. Hall, of Liberty, Deluwsro county. Any person wishing to obtain infor-mstlon respecting sold properly by willing, may direct their letters lo Thus. R. Hall. Worlhlniiloii, Franklin rouuty, Ohio. I'ossctsIoii given on the 37lh of May, ll!:(9. Fob. 35 3 w. If Ijleihaiiifa' Hnvinas Institution of Coltnnhiix.l rJAIIIH Institution will l 0smed for tlm trniiHclioii of Inn" X ness on Tueadny neat, tbo 3ilth Inst., In Ruasel's Bulldin-, Hlgh al.. opporlte the Franklin Bank. " Deiaisiu will lie received, until further notice, on tin following terms and raits of Interest, to wit: 6 per ecu!, per annum, with one year's notice of withdrawal. S " " " 9 months do 4 ' 6 do 5 ' 4. fl0 Weekly deimeltors of five dollars and upwards will be ollowod 4 per csnt. per annum. On business deposits, lo be drawn at Ilia will of Ilia depositor, no interest will bo allott ed. When interest is intended to be required on deposits, notice must be given on 0ieiiiiig the ercounr. Uncurrenl Nolee of all solvent il.mka In the United States will be received in deitoalt.upon such terms as muy be agreed apou. Office hours from 9 A.M. till 4 P. M. By order of the Board. r'h- & W. B. III'IIIIARII, Prcs't. NOTICK. THE STATE OP 11III0, Fa.sai.lK CotTT, SS. Frnnkllii Court of Coinmun I'lens. Aleiand-r Waddle, surviving Adinlnistrator and Heir of John Waddle dee'd, vs. William Wsddle, John Waddle, Ellen Waddle, Lucy A. Waddle, end A tutus L. Waddle, also Heirs at law of the said Johu Waddle. llN-M. TUB said defendants are hereby notified that tlie pleintln has filed In this Court his petition, setting forth that the said John Wnddle, In Ills life time, sold iii-lut In Columbus, No. 555, to James Mrlmwell, and that full payment lias been wado for Ilia . ,..,.,,1,,, a.uu ...iur, ,u oraur ana aecree Hint enkl Alex-inder Waddle. Adntlnl.fpqin. ,...b. - jn..,. r .. "Id MrDowell for aald lot, 10 complete said contract r.-n. IU..OW H M. IIUHEHTY, Attorney for Plaintiff. NOTICK. TUB STATS OF OHIO, Faaaaua Courrr, BS. Fartilion and Revivor. FataKLix Ciimmom Flsss. Benjamin W. I.aHd, va. Joseph Lmld. Mary A. Tompkins, John O. Dunn, James Dunn, Wsller Dunn, and Uoliert G. Dunn, Heirs of Waller Dunn. TIIR dctendanU will take notlrethnt a peilimn to revive In the above raae was filed February 16, 103!t, In said Court, ami wherein petitioner demnnda a revival of a petition for partition, and praya a confirmation of tlie report of Commissioners, who returned a partition to tlie Sheriff, of survey No. 31113 V. II., the whole survey being for 4 R) acres elvlni one 1 to neiitloner. and one third to Joseph Ladd, and one third to Walter Kunn, anil that said hcire may take Jointly the alutr allotted to their aaid father, ate. 0. SWAN. Fell. 18. .6w Attorney for petitioner. TTI1K HLKNDON 1 XSTITI'TK. (IE Summer Term of this School will commence oa Thtlra-dsy, the 2M day of Msrcli nett, and continue 33 weeks. A ctaas will then commence a course of studies, fur two years, to prepsre llicin for teaching common schools. Csndldstee for admission to said class must suatsin an sxamlnalloii In Geography, Grammar and Arithmetic, and present a eerlkfirate of good moral character. The tuition will he at tlie very low rate of from (J.i to 10 per term, for regular scholars, those who attend leas than a term, will be charged at Iho rale of from (4 10 ti for half a term. Payment, In all es.es, will 1st required In advance, hoard ing may lie untamed, In reaiKiclnl.le families, al moderate prices. r.. n APllllt'lt, N, ) ll'RN, ( Teachers. ecu. iri..w:rt h. w. WASIIIII' KIHSOLI'TIOV. TIIK flrmofRudlBlll dt Mrllliinla was dissolved on tlie 13th of Folmiary Inst , by mutual consent. The business of the lata Drat alii be closed by J. E. Rudiilll. J R. numsit.L, ALEX. McGINNIS. N. n. J. B. R. respectfully solldls a continuance of the pat-ronage of the puldle, as heretofore, al bis old stand, on tlie cor-ner of High end Slste streels. Feb, 13, B TAKEN VP, Y John Kelso, of Jeireisnn township, Franklin county, three) strays; onaa brown Mare, supposed lo lieslxor seven yeara old, with a star and a anlp in the fiiieliead; the oilier a yellow bay Mare Coll, tlie right bind foot white, with a star la the forehead: supposed to be two yesrs old lost apriua; the other an Iron grey Msrs Colt, one year old last Hiring. Tlie said strays were appraised al 1 411, by Alanlom Fravel and William llavln. A Irus copy, from Bay Stray Book. Feb. 15..4w JACOB SMITH, J. P. TAKEN I I', BY JoltaO. Deeclier, af I'lsln township. Franklin county, two atiayn one a dark bay Mure, with a email atnr In her for, head; a natural trotter; live yeara old neat Spring; aliout 1 4 hands bl:h, and appraised In 3i dollars: Hie other a hay Mara Colt, with a email star In her forehead; no other marks perceivable; supposed 10 be ono year old next Spring; appiulaed to I2, by Samuel Bsughman and Issne sj. Braiitung. I certify the above lo bs a true copy, from my Stray Book. Feb. 8..4w DANIEL SWII'KARD, J. P. ( K.LKIIKATKU GARDEN SK.KDS, frssi Its sis' ru.d ! mf D11H Laadrttk, fHifndr.sais. LL person Intending to mske use of Garden Seeds thla . Spring, and who srs aware of the Importance due to their careful Mlection,are resieclfully hifurmed that tliesutisrillier will la a few days receive a full assortment from the abova well known establishment. The high reputation of the Messrs. Landrrth, who hav for many years been largely enaaged In this business, la sulllclcnt guarantee for tlie euperlor quality of the seeds put up by them. All persons desirous of improving the quality of their crop of vegetables for tticlr own use, or for market, are advised to avail themselves of thls'opporlnnlty. A full assortment of Hie following eseds, In all their varieties, will be ollaicd for aale, al th customary price: Asparagua, Onion, Beet, Ohrn, Beans, Parsley, llroeeall, Parsnip, llowrele, pcae. Cabbage, Pepiiere, Carrot, lladl.li, Csullllowcr, hhtiliarh, Celery, Snlsnflr, Ciirumler, Scurvy Grass, Egg Plant, Spinach, Endive, S.itssh, Lettuce, 1'omnloes, Melon, Tunilis, Nasturtium, Herlis. March 4. TII0.1, S. BUTLER, Drlljgl.t. NOTICK TO CONTRACTORS. SEALED PROPOSALS will bo received hy Snm'l. Carpenter, Resident Engineer on the Hocking Canal, 1HI tlie 2wli dny or Marcli ina'onl, for the completion of sections No. 28 and 30 of the Hocking Canal. The work will be required to lie finished on or before the lira! day of Orlolier next. The descilplioo and probable amount of work may he ascertained of Hie Resident Engineer on the line, WM. II. PRICE, Aet'g, Com'r, March4-.w-td UT1 The Ohio Eagla ami the Lancaster Gaaette. Lsncaatar, 0 will plca-e pilbll.h tbo nlove till March 2ll,orul forward their sc coiinrs to this oiflce Immediately. . NOTICK TO CANAL CONTRACTOR!. IPROPOSALS in writing will be received either by tlie Rest-dent Engineer 00 tlie improvement, or hy tlie subscrilier, nt tbo Ortico of tlie Canal Commissioners, In Columbus, anlll the 15th dny of Marcli next, for tlie completion of section No. 4 of the Improvement oT th Muskingum river, Tho work remaining to bo done cousista cblelty of enrlll exra vallon. Parliculara limy be ascertained ou application to Sam'l It. Curtis, El., Rrsidciil Engineer. . Feb. 18,. w I'd WM. II. PIUCEAct. Corum'r. (gj. Republican, ZanrsvlMe, Oiilu Whig Standard, McConnella villu, tiiililish the above till Marcli 15, and forward ttccoiuit to this oliire Immcdiateiy. . . TO CONTRACTORS. SEALED PROPOSALS will he received by the subscriber, (or either of tlie Directors.) until Saturday, the 13th day of April next, for doihg the following worko - w. . 1. Covering with Ohio river gravel, oil of flint pnrt of the road lying West of th Little Muskingum river. 3. Grubbing, cleaning, grading, ami completely flntshiiig, (except McAdnmirjiig.) aliout 12 miles of rood, being all Hint part of the road lying between the Little Miialtlngum tlver olid Dana, Greenwood ft Co.'s store, 3. For constructing eight small brldgos East of the Little Muskingum. Plane of the vnrioua accllona may ho seen on iwid after the 1st of April. The work mitat he completed by the 1st of December next. The payment will lie promptly made, in cnah, aa the wofk progreases. By order: NO.AU L. WILSON, Sec Olllce Mark'lla 4 Newport Turnpike Co, ) Mariella,Feb.36, I8J9. ) March 1, t w3t..w3t i-ANO FOR SALK. ONE hundred aeresof Land for sale, 5 inlliis North of Colum. bus, In Clinton township, half a uillo East of tho Handueky nnd Columbus Turnpike. For particulars, apply to Mr. Chauit-cey Cook, of Clinlou township, or of Mp. J. C. WiUon, Columbus, at-bls store, two doors South of the Franklin Unnk. The above land will lie sold low, for Cash,. March l..lul TAKF.N l'I, BY Nnthnnlel Marlon, of Montgomery township, Franklin countv, a lilar.k Mare, supposed lo ho ten or eleven year old, a small star In bar forehead, right hind foot white nearly to the pastern Joint, some white hairs ju the root af the inU, hod all round, aliout fourteen liauda ami a half high, a natural trotter; no brand or oilier tnnrks perceivable; appraised at twenty dollars by William Walt and R11III11 Molcr. 1 certify tho above 10 he a two copy from my Stray Book. Feb. 37. ,4w THUS. WOOD, J. P. WKhTKRN HOTEL, ' " ' AND' WALDO BTAKB HOUSE;. 35 mils. JWf of Cef s'm'J;r ( lis Sss.lsssy 7uriuii, Marrli 4. " tf THE GENUINE EJ.GL1HII COURSER AND SPLENDID STALLION, Z1NUANKK, WILL stand the present season, which Im commenced, and (till end on tho 1st of July, al my tariu, In Joseaiuiiie county, Ky. oil tlie 'J'atca Creek road, 8 inllos fiom Loxlngton, and 5 from Mcliolasville. In my refuted eirorts to please and to profit, I persuade myself that I have II in my power again to lender to the public the services of an animal that is entitled to the favorable consideration of every experienced sportsman. Judicium breeder, and refined connoisseur. Fair ,lae. five feet two Indies high, greet beauty, aleck cost, high form and superior action, ore concentrated In tlilaiiohle steed. Tlie renowned iorfuniinnccs of his progenitors, anil Zinganee's own ennobling achievements, and th splendid peiforniai.er. of his dracendeiila on the English turf, together Willi the simple tloticd and unquestionable purity of bis hloud, embolden 1110 to recommend Ibis horse to the favorable derlalon of an enlightened and lllieral public. In proof or this, his peduree and his own pciformanccson the turf, are subjoined; The performance of his colta nre omitted in tho newspaiiers, because they would occupy too much apace; but the public are referred to his hills for the full particulars of tlicm, which, when read, will, beyond all doubt, satisfy every one, Hint no horse now In tho country ran boast of the like number of dcacendenls, who have so signally FEDIGREB. ZIVOANEE Is s beiutlnil bay, nnd was bred by Lord Exter, aifd foaled In 1825. He was got by Tramp, the air of Lottery, iwuo nas nan more winners for four yesrs, then any other horse in the Kingdom:) Dangerous and 81. niles. winners of ilm lw..- Barefoot, winner of the St. Legen Little Hd Hover, winner or in. iinip, iionegane, Liverpool, and very many others of high note, .luiaiiee'a dam, Folly, was got hy Young Drone, and was dam of several oilier rnpilnl racers vis: Fniiatua, Bohemian, Bytantlum, Mopans, Conviction, Sc.;-her dam, Hegina. hy Moorcock, out of Bally, by Tnimpntor; Fancy, .liter to Diontcd, bv Floriiell; Spectator, aistar 10 lloratiua, by Black chRdera; Mis. Belvolr, hy Grey Grantham Paget Turk Unity Perclval, by Leeds Arabian Spanker: Yonug Drone waa got by Drone, one of the best suns of Herod; his dam, Anna, sister lo Dido, by Eclipse; her dsm by Siectntnr, out of Lord Leigh' Diana, by Second. Moorcock iris by llhrhller; his dam, Gsorglana, slslsr lo Conductor, Alfred, ate., hy Malchemj Snap. etc. ate. 'i'hua It will he seen, that Zinganeo traces hack through a long line of distinguished snccstrr. not onlv wiihotit an imnu rrn.. hut through the most celebrated, pure end approved breeders, of wnirn r.ngiami ever boasted. Seo Amerlcnn Turf Register, Vol 8, No 6, p. 315. PERFORMANCES. In 1827, Ziiwaaee, 2 yeare old, started for tbo July slakes, at New Market, for which lie waa But favorite, but waa beat, lie aftorwarda beat the winner. Stamford, July 31. A awecpalakes of 2u aovarelgna each, fur 2 year old coin: Lord Eater's be Xlnism-f, by Tramp, 118 II. 1 Mr. Flstel'a bf laiilhe, 116 Ibe, 3 New Market, second October meeting, '.ingxnee ran s good second 10 Meiehaiit. for tlie Preiidergast alakca, (37 auha.) besting Kildsre end ten others, among them tlie winner of tlie July slnkos, and he afterwards brat Ilia winner of tho Prciidergi st, 1828. II wa the first favorlle forth Uliderly alakea. ln which he ws beat even betting on Zinganeo. New Market, Aral spring meeting! Renewal of the Now Uar kct stakes, 50 sovoreujna each, half forfeit, for 3 year ohla, 23 sultfcrlhers: Mr. Clilfiiny's he Zlnganse, hy Tramp, 119 ll.s. 1 Mr. Paynet be Mufti, by Merlin, I 111 Iba. j Lord Groavenor's h c Novnrlno, hy Blacklock, 119 Ilia. 3 8 others started, hot not pluced. 1839. NewMetkctCravmMcctta,Apill3U. Cratrep stake, 10 aov. enrh, lOeuhe. Mr. Chlfney's he Zingsnee, 3 yonrs old, 116 lbs. Ilia Majesty's h m Fleur de LI., 6 yeara old, 1:1-, lbs. 2 iMtd Cavendish's be Ainphion, 4 years old, 137 lb. -3 Six utliera Blarlrd, but not placed. Snino meeting. Tlie Claret etnki'S, 2(10 aov. each: Mr. Clitfney's b e Zingsnee, by Tramp, 119 lbs, Mr. Maloney'ariie Hough Robin, lloilis, 3 Duke of Rulland'shr e Cu.li.iudi 119 lbs,. 3 In reference 10 tills rac, the Enill.li Sporting Msgniine, No 35, 1829, says: "From the foundation of tlie world, three finer auimala never stood beside eacli other, and the race terminated to Hie ainnxetnenl of all, la tho mortiilraliiin of many, ami to the proof that Zinganeo b) the beat hnrsaof his year, by boating Cndland, who heats Hie Colonel, who beala every thing 10 the Norllil" Seo Am. Turf Reg , Vol 8, No. 6, p. 316-7. Aerol lleolh, June 16. The OaHiind ilskos, 30 sov. each, 2o forfeit, r.ir all ages, 2 miles and a half : Mr. Chlfney's be Zinganee, 4 yeara, 119'lb. If Col. Standrn'a e li Conrad, 5 year., 113 lb. j LordU. H. Cavendish rob Rapid Rhone, 5 year, 130 lb. 3 Lord Mount Charles' b c Ra.sclaa, 4 years, 103 list. 4 Fix paid foireH 6 1 4 on Zliigaur "Won easily." Same meeting, June 18. Tho Gold Cup, vain 100 sov.; 18 llhserlliera; 3j miles: l-vsril Chrslerrield'e be Zinganee, 4 yeara old, 1 14 Iba, Mr. Gully'a It u Mameluke, 5 years, 124 lbs. HI Majesty's ch c The Colonel, 4 yenis, 114 Iba, 0 Duke or II 111 In mi', lire Cndland, 4 years, 114 Iba.. 0 tard Extern b f flrren Msnlle,3 years, 91 lbs. 0 Lord SeBon's hr f Bohadllla, 4 yeara. 1 1 1 Ibe. 0 Duke or Holland, eh e Oppidan, 4 yeara, 114 lln, 0 Col. Wilson's Lamplighter, 6 yoars, 129 II. 0 Helling two 10 on suaiiisl Zingiineo, three to one against Th Colonel, Tour to one agnfnat Mameluke, four to one agaiiiat Green Mamie, nnd higher odiia agalnat any other, "Woo asily, hy a length." In reference to Hie above race, the Engliah Snorting Magaaine, No. 35, Bays: "Thla was decidedly tho best field of liorsea that over slatted in England or any other country, Tlie Colonel had henn kept fresh for this rase, aa Indeed waa the ease with moat of ttie others; and yet Zinsanee. who had run three limes previously this year, and once tlits week, beat them easily, and In the finest style." In 1831, Zlngnne challenged for tile Wliip and walked over It, Cadhud resinning it. In 11,33, be was put to covering, and stood at 1 1 sovereigns; In 1H 13, he stood at tlie same) la lli.14, ha atom nt New Market, at Hi aov ; In 11135, at Ilia aame; and, In 1836, at tlie aame; nt tliu close of which year, he wae purchased hy Dr. Merrill, and Impoited to Virginia. The puh:ic have lint. Isren put in Mii.e.lon of Zinannee'a Ills lory, Pedigree nnd I'eiformaneoe. Th performance of lib colls nave bean equally aplondtd, as a reference to Hi billa will show, r.iiv,ii,r.r, win aeim marc, inu prejent season, at sslOO, to be paid In tho seaann, and $1 lo tho groom, Mares from a distance will bo attended lo In the very best manner, having first rat blue grass paaiurnge gratia, and they vslll he grained on muderat terms, if deslrsd. Ilreedors mey rest perfectly asuied Dial th very beat aiteniloti and care will ha token of tl em. Soparate Iota and slahloa are pre-rcd for mares ki foal. The public are Invited 10 rail and set Mini. PARKER R. TODHIINTER. Match 4..W4I Lex, ob. fc Rep. HOUSE OF REPRESENTATIVES OF OHIO. SPEECH OF MR. FITCII, ' On the final passage if He bill relating to fugitive from labor or tervice from other States, delivered Monday, February 11, 1839. Mr. Speaker: Beforti tho vote id litkcn upon lliis bill, I wisli to express my views of it. I am llie more desiroua lo do to, from tlie fact that, il has brunt pressed forward with unusual haste, find is apparently about to be passed by a large majority. The nieiisure is one of irreat iiuporlaiicr; more, perhaps, when viewed in all its bearings, than any oilier w hich lias been presented to the consideration of this General Assembly, and should receive a candid anil thowuoh examination. I shall, therefore, make no apology for detaining the House tho short lime I shall occupy in expressing my views upon it. ... The gentleman from Franklin, (Mr. Andrews,) who has so clotwiently advocated the passage of this bill, ays that the law of Congress, of 1793, is not now sufficient to auswer the purpose for which it was intended! (hat thocoiistitnlion of the United States requires that wo should pass an efficient law upon the subject; and that, although the sympathies of the people are against it, nhlwugh it may increase the ex-' citetne-nt already existing, yet we rnnst not be deterred' from discharging the duty required of n, hy the constitution. It is, perhaps, true, Mr. Speaker, that this measure is against the sympathies of the people of (bis Statoj I also believe that the provisions of this bill, as they now stand, art) not only against their sympathies but their wishes, ami will meet tlie unqualified disapprobation of a large portion of our fellow-citizens. But is it true that tho constitution requires the passage of a bill like lliisl What am lite provisions of that instrument? Tho-second seetion of the fourth article of the constitution of tbo United States provides, that "-No person held to labor oi service in ono Slate tinder the laws theseof, escaping into another, shall, in consetyiBiico of any law or regulation therein, bo discharged fro.u such servico or labor, but shall be delivered up on (he claim of tho parly to whom such service or labor may be due." This is all that is contained in that instrument on this subject; and lliu reason why even thin was insurtcd must bo evident to every person, who is al ull acquainted, with the history of our country. Without it, tliu moment a slave touched the soil of a free Slate ho would become free. This clnuse was inserted to prevent this: to authorize tbo slave owner to retake, his fugitive slave in a free Suite, not to require the oitizens of tbo free States to hecomo slnve catchers for the South, much less lo require ihmn to-protect tin intcTests of the slaveholders, in violation of the rights of their own citizens. Mr. Sneakep, I venerate the constitution of my country, and acting under tlie obligations of an oath, I will not knowingly violate a single ono of iis provisions. But oo this subject, as the citizen of a free State, and holding slavery, as I do, in iust abhorrence, I will not 'coVJaent to go a single inch, beyond tho requirements oi me coiiBiiiuuoTr. - Tho bill now before the House, while it is so framed as to guard and protect, with scrupulous care, the interests of tho slaveholder in our sister Slates, almost entirely disregards the rights and interests of our own citizens. The fourth section of lire bill provides that, in case the claimant is not ready to proceed to trial, uon malting alBdavit of that fact, and paying barely the costs of the trial, he shall bo entitled to a continuance, not exceeding sixty days? and the alleged fugitive shall be Committed to jail to await his trial, unless he shall give bonit, with sdlTtcient securities, in Iho penal mm of one thousand dollars, conditioned that ho will personally nppear ut the time of the trial, and abide tho decision of the Judgo or justice. Hut no security is required of the claimant that he shall attend at the trial, and make compensation to the person he has caused to be Imprisoned, if it shall appear that he is not a fugitive but a free citizen. No bond and seen, rily are required that he shall pay any damages, which may be sustained by a ponton unjustly imprisoned nt his instance. If the claim is wrongfully made, either through mintako or malice, is it probablo that the vioiiiiui, mi, voluntarily return to make redress for the injury whirh.be has occasioned, or place himself in a situation where the injured nepnon may conveniently have his legal remody against him? Nothiner is less probablo. And long lielore the alleged fugitive can get out of prison, the claimant will he beyond his reach, and ho must quietly submit to the loss of his time and his liberty, occasioned by the law which we are now about to pass, without any hope or possibility of redress, la thin right? Is it such justice aa should be measured out to any lnli,il,iuiit of this Hiatol h appears to me that it is not; hut thai, if wo require the person claimed as a fugitive to Ira imprisoned, or give heavy bonds for bis appearance at the trial, (sueli as not one in a hundred can give,) that we at least ought to require iliat the claimant shall also altend, or if he fail to substantiate hij cluing shall eompnnsale tho person he has unjustly caused to be imprisoned for the loss of his lime, and Iho damages he may have sustained by such imprisonment. Yet, Ihrieo have al-tempts been mado to engraft this just and equitable provision on Ibis bill, nnd thrice have they been rejected by a majority of this House. But we are told, sir, that ll is not to be presumed that any one will make an affidavit that is not Hue, for, if he should, he would, by this bill, be "deemed guilty of perjury." To say nothing of the tlillicully, amounting almost to an impossibility, of oonviciii g a person of the crimo of perjury, for making a false aili-davit, in which-he sweara only as to his holief in the truth of the statements therein contained, the affiant will, in mol cata, bo out of the State, and beyond tho reach of iis legal process, beforo lite falsity of iho affidavit can be established. And who, sir, are the persons, and what is their character, who are usually engaged in this business of catching slaves? Are they hoi o ablo and high-minded men? Will such men descend to sueli an employment! I think not, and I appeal to the members of this House to those who ore the most ardent supporter of this hill if they would, in tlint capacity, personally aid or ussUt in carrying! out the provisions of this bill. Sir, 1 know they would not; there is not n man in this hall, nor an honorable man in the Slute,th-.il would. Who, then, I repeal, nre those who are usually employed in this business, in revolting to llie freemen of a free Slate, but who, wo are loid, are abuec $uipieiont I believe that they are usually those who are ready and willinjr to do almost anything fur hire, whose morals and principles-are such, that wo should be ve y loath lo trust them with our property, much less with our liberty. Again, sir, this hill, with Hint anxious rare to pro. tect tho slavo properly of our southern neighbors, which pervades every part of it, provides that the claimant, his nrrentor altornev. tun nnnlv in sne Judge, justice of Ibe pence, or iinwnr of a town corpo rate, ami, upon making a loose nllnlnvit, shall receive a warrant, direclrd to any ithcrilT or constable in the Stale, authorizing him i rirrrt ibe person Ihorein named as a Tugitivo any where within tho Stale, and tako him beforo any judge, mayor, or Justiro of Iho peace in the county where he may beam-sled.- Thus giving ihe claimant, or his agent, an opportunity of selecting a siiitablo tool Irom among lite thousand of this class of officers, and then extending their authority and jurisdiction over Iho whole State, being an ex-tension ol' juiediction fur excoedinsj what it is even in sriniiuul cases! But I have heretofore expressed my opinion to the House on this point, and will not now dwell upon it. I am, also, Mr. Speaker, opposed to this bill, because it dors not givo to tho person claimed as fugitive the right to a jury trial. A right, whiolt I be-llevo is guaranteed to evory ciliien uf ibis Stato by llie conmiitition, and of which we, by our legislation, cannot deprive him. Yet, this bill authorizes n bin-glo ningimrttte, Bnleolcil by the claimant himself, lo decide upon the lilserly of our citizens, nod u ithnm . Jury or llie nubl to appeal, dollies him with power to uuiiaiuu u leitow neiiig 10 nopou-as uontlrnro. 'I'lio riohl to a jury trial has jtiatly been considered us ona ol the most important It-atures in a free (iovemiiient, and one of the strongest bulwark against oppression sad tyranny. So important waa it considered to be, by the fratners of the invaltaibki ordinance, of 1787, foriho government of Iho Territory northwest of th river Ohio tho object of which, in part, is declared to be, " for extending Iho fundamental nriiieiiiL.s , t civil and religious liberty, which forms the basil wiieroon ineso republics, tltt'll law al constiltiliofls, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said Territory" that it was expressly provided in that instrument, that " tlie inhabitants of ssid Territory shall always be entitled to tho benefit of the writ of habeas corpus and of the trial fry jury." The constitution of this State, carrying out ihe principles of the ordinance of 1787, declares that " the right of trial by jury shall be inviolate," These provisions are concise, but they are plain and direct, and cannot easily he misunderstood. They secure to every citizen of this State, without distinction of grade or color, the right of trial by jury. Antlitdoesuppearto me, that, if we legislate at all upon this subject, we are imperatively required to grant to persons claimed as fugitives from labor a jury trial. If person is accused of a petty offence, of an assault nnd battery for instance, the punishment' for which is but a trilling fine, or a few days' Imprisonment, he can demand- to be tried by a Jury; but, by the provisions of this bill, if he is charged with being a fugitive slave, however false and unfounded the charge may be, he is to be hurried-before a single ma-gistratn, whoa decision, fiiml and irrevocable, seals his fate for life uronouncea him to ba a frer-mnn nr declares him to he a slave- But it is said-, that the constitution of the Unite..! States does not seem to contemplate a hirv trial intl.i. case; but that Ihe alleged fugitive should have his inai oy jury in the state ffom which he is supposed to have (led. So far, at least, aa Stiile lesislation is concerned, I cannot admit the correctness of this doc. trine. If we have the right to.prescribo the mode of trial in one respect, wo have in another. If wo hnvo the power to enaot that the trial shall be by a justice of the peace, a mayor of a city or town corporate, or t single judge of a court of record, wo have equally tho power to provide that it shall be by a jury; and we are hound to do so by rite ex-press provisions of Iho ordinance of 1787, and our Stale constitution. It is admitted, that a person chimed as a fugitive from labor should have a jury trial somewhere, hut it it is. contended, that it should bo in the State from which he tied. This, with that one-sidi.-d view which characterizes this bill from beginning to end, presupposes that the person claimed is actually a fugitive, and that the claimant will lake him back to the vcrv ..lnnn r . ...i.:. i. l i J piaco iiuiii which ne esrappu. It is a maxim, air, of th common law. founded on principle of justice, that every person ia presumed to be innocent, until he is proved lo bo guilty. And I can perceive no good reason why this rule should not apply to one whose liberty is at stake, not for any crime which he ia supposed to have committed, hut oecause lie is ctiargeU Willi attenipling to escape from slavery, as well as to one.accused of atrocious villa-nics and detostablo crimes. But suppose, Mr. Speaker, that the person arrested under the provisions of this bill, is nut a slavo, but a free cilizeus of Ibis Stato, where should his trial then bo had! Should ho be dragged, as a lavo, into a distant Stale, where slavery is recntrn'm-d. and whnrn Tits vt-ry-e-iorjnay be presumptive evidence against him, lo Itavo his "tfTri Mtirt, among strangers in a strange land, fnr from his friontlarh,' -fajta .the wit. nesses by whom ulono ho could prove his froedour?' Or should ho have his trial by a jury of his country in tho county where he resides, where ho is known, and win ro alone he can obtain the testimony necessary to sustain his defence arjainst the f.ilso charge which may bo brought against him? Uir, it does appear lo me to be so plain as lo be almost gelf-eviuVnl, that lb trial should be here, and not elsewhere. But the gentleman from Hamilton (Mr. Karen) contended, the other day, that iho trial provided for in this hill is not final; and if Ihe person olaimed nnd taken awav is a freeman, ho may still havn a trial in a slave State and regain his liberty; and, in support of this position, he cited the caso of a colored man, who was Lakcn from tho ciiy of Cincinnati as a fugitive from labor, and carried to the State of Mississippi, where ho obtained a writ of habeas curpus, was taken before a judgo of that Slate, when he o clearly proved that he was a freeman, that he obtained his liberty, and has since returned home. . I am much obliged lo ihe honorable Speaker for mentioning this caso, fur, so far from sustain his position, it proves, conclusively, lo my mind the necessity of our providing, in this hill, for a fair and iinp.irli.il trial for this class of our citizens. Here was a free citizen, who, for the want of a fair trial in this Stato, was unjustly taken more than a thousand miles from his home; and because, forsooth, he was so singularly fortunate as lo bo able, through the assistance of friends or otherwise, to prove thai he was free, and obtain his liberty, wo are told that this is prooL, Ihat the soulhern slaveholders aro disposed to do justice, and wo may, therefore, safely leave Ibis matter lo theut! It has also been urged as a reason, why we should not provitle, by this bill, that a person claimed a a fugitive from labor shall lis tried by a jury, that it will inorense Ihe trouble and expense of the claimant, and tend to delay th trial. But, sir, can trifling considerations like these weigh against the liberty of one of our citizens) Ought we to refuse to any inhabitant of this Slate the right to jury trial, when all that is most dear to him his liberty is at stnki-, merely because it will occasion the claimant a trilling nddi-lional expense, and a few more hour deltiy in obtaining possession of hie property in human hVshl Clearly not. ' 'I hear, air, are loms of the objection which I have 1 1 this hill, and Ihoj aro sutticienl to indues me to vole nguinst it. But, Mr. Speaker, independent nf l bone objections, there is constitutional question, which is entitled to our serious consideration. In the few remark which I made on Saturday, on the anv-iidnient olTi-red hy ihe gentleman from Cuyahoga. (Mr. I.loyd,) I stated Ihat this lull had been pressed forward with so much haste, that I had not had any opportunity to examine tho law upon the subject, but thai it was my impression that, rtho law of ConLTt-ss nf 1793. unon Ihia umamk. Ject, waa constitutional, a it was contended to be bv it., r.; i. .r a.: i ... J ...u inn, ui una inrasnn', nu assumeii in lie by the bill itself, wo had no power lo pas this bill. That I believed the law to bo, that, where Congres had the power In h-gialalo upon any particular (abject, (ml had rxerrtsed that power, Ihe Slates had not the right lo legislate upon the same indivisible aubject-matlrr, for the obviou reason, thai Ihe Inw of Congress being of paramount auihoriiy, the Stale law must yield to it, nnd would, consequently, be void. I havo sinre, sir, though I have bad but little timo for that purpose, examined some of the authorities on this subjert, and I think thrj fully sustain Ihe opinion which 1 then expressed. Tho gentleman from Frank-lin (Mr. Andrews) has riled the opiniun of Chancellor Kent, in the case of Livingston vs. Van Ingen, as sup. porting the right of Iho Legislature lo pas this bill, but I think, upon a careful examination of that deei-ion, It goes no farther than lo decide, Ihat, in rases where the Stalo Legislatures may have concurrent power with Congress, il ia no objection to Ihe validity of a Slum law, in a case where Congress has not exercised it power, that it may conflict with the future legislation of Congress, lln ays, thai, " Where tin re ia no existing regulation, which interfere with Iho grant, nor any pretence of a ronstilulional Inter-diet, it would bu mnsl rilraonlinary for us lo adjudgo it void, on the mere cnniingeuey of collision with loino future exercise nf congressional power." He was contending, that the Stals of New-York had the power to grant to certnin of her citizens the sxclu. ivo right to navigate the inland water of that b'tale hy steam, on tho ground, that Congress had nnt passed nny law which eould cnntllcl with Ihe exercise of that power by the State. The principle of hi dwoi. sion, however, were, il Is well known, afterward overruled by the Supreme Court of the United Slate in the rase of Uihhnn . Ogdeii. With the leavoof the House, I will now read somn extracts from the opinion of Iho court, in the ense nf Houston vs. Moore, (5 Whentrm, I,) di-i iileil hy the Supremo Court of the United Slate, which, I think, fully sustain the pnsiiion wbirh 1 havn liken. Judge Story, in Ihat r ise, nys: What, tln-n, Is the stale of tho case before the court? Congress, by a law, declare that tho olhYcr and privates of the militia who hall, when railed forth by the IVaident, fail to obey his orders, shall be liable to certain penalties, to be adjudged by a court-martial, convonrd by it own an. thority, 'I he l.rgislntur of Pennsylvania infliot tho nine penalties for tho same disobedience, and direct these, penalties to bo a.liii'lged by-a Slate court-mar. Hal, called exclusively under its own authority. The oirence is created by a law ol the United States, and is solely against their authority, and made punishable in a specilio manner) the LegisiaUlre Df Pennsylvania, without the assent of the United Ststes, insist upon being; an auxiliary, nay, as the defendant contends, a principal, if not a paramount, sovereign, in its execution."" If an act of Congress be the supreme law of the land, il cannot be made more binding by an affirmative re-euactment of the some act by a State Legislature. Ihe latter muss Kn m.n,i. ;nnnuK..:n -.. n;.t. seeka to Ktve sanction to that which already powesses (lie nigl.esl !netion.1T IIm II a Vat nlaxa If .1. C....V a. iL. ---' it in a wiiiio cau rc-enaci we Rama mn;ilfif A. it mnv nni nAnr.ii: 11.. rn "j ""ai i?iiaiiiuB BUUBlaiiUdiijr dtfturent tor tlifl same offence, to be adjudged in its utiuvuiiris. ii u puBsStJHi a- concurrent power ol le- tT.alatinn. Hnni tn m-.L-o it o Aiallnnt SClctn (T .Ls a " sw... uiqisj uiiuilttj, yi uai puniahmenLe it shall impose must depend upon its own lliort.lUrv I.. L- L: -SV sJ.-a, M...' utivu. mi mo uAeruiw ui ma. uiwreuon, u is not lilllllrt fri tliss rtr,,l,rJ rtl. ILIlnlGtol... Ia ,w ,,, vuiltlUI UI MIO UIDlCSs M. IHOy enact more severe or more mild punishments than those declared hy Congress. And thus an offence, nriiF-Inrailir- ommJ k. I 'il. If .J a. -a -..(j.a.a.giy VlletnvU uj lira JAWS UI 1110 UUIU3U CISICS, and growing out of their authority, may be visited by National Legufature." 'I'l.;- .... : at. . ' '.' mis, bu, is pit.-cii'ijJY me caso now Dcroro us; we am. 1)V thin hilt. fnanli,n mnro A.yA.. . --, -j .... uivm wrriv puillBIMllClllB than those prescribed by the law of Congress for the same offence, contrary to " the intent of the National ' Yt" ftilVat .Tiwlrra Slnnr H.l.aa .1.. defendant's counsel might he here urged, that the State law was merely auxiliary to that of the United - miius, anu mm u Buugm oniy to eniorce a public duty more effectually by-oiltw penalties, in aid of those j....,..,.,, j wt.nv. i no repugnancy oi such a j tato luw to the national authority would, neverthe- .. -o, MD ...... in. ot, Biiiuo it vrouiu set;K to punish an offence c mated hv (7 elan d will of Congress." " i nat more aro cases in which an offence, particularly aimed at tlm Inwi n ..ii.nv;.. .f t it States, may, at the same timo, be directed against (..u.o-.u.u.mj, ntbo,aHa uius imj within Uie legitimate reach of .state lew islut inn. in tu l.anM r . . , , - ui'uviILD ut IIUUUIIUl legislation on Iho same subject, I pretend not to affirm. ,..,. - in oo sumcieni 10 meet such a case when It shall oriso. But that an offence against the constitutional authority of the United States can, after the National Legislature has provided for its trial and punishment, bs cognizable in a State court, in virtue of a Male law creating a like offence, and defining its punishment, without the consent of Congress, f am very far from being ready to admit." These sx-traets from llie opinion of that eminent judgo, in a case direclly in point, it appears to me, sir, clearly show, that if Ihe act of Congress, of 1793, is valid, wo havo not Iho power to legislate upon the same subject, and, if wo do, that the law will be inoperative and void. Hut it is aid, that this is but the opinion of Judgo .Siory, who dissented from the decision of the onurt. This, sir, is partially true; but JilCjIt eision of the court turned or, another point, and it ilnea'Tinf ruitipar. lint ttia, all ,1.. :...!.... . : , ' , rt ' """ . ' ""J-'lJi., SiVTI'tone, atrreerl in Ihm nar)l.reuji L- l. IV ... !.;.. ...l. -n -- .u,ai, auugU SSim delivered theooiuion of tt.n A..,..i ...... ' This question docs not so much involve a contest Tor power between the. two Government a the rirrhts and privileges of Ihe ritixrn, secured lo him by'ihe constitution of the United States, the benefit of which, ho may lawfully claim. If, in a specific case, iho people have thought proper to bestow certain power on Congress, as the safest depository of them, ami Congress ha legislated within the scope of them, the puoplo have reason to complain that the same powers should bo exercised, at the same timo, by the State Legislatures. To ubjeet them lo the operation of two law upon the same ubject, dictated by distinct H'llls, particularly in a caw indicting pain and penalties, is, to my apprehension, something very much like oppression, if not worse." "I consider it a novel and unconstitutional doctrine that, in cases where Iho Stato Governments have a concurrent power of legislation with the National Go-verninenl, they may legislate upon nny aubject on winch Congress has ocled, provided the two laws are not, in terms or their operation, contradictor and repugnant to each other." This substantially agrees with the opinion of Judge Story, expressed in tho extracts which I have read; and is the deliberate opinion of the highest judicial tribunal in our country; and ha never, f believe, been overruled or tlonled, but, on the contrary, ha been sustained by subsequent decisions of Ilia same court. Judgo Story, in his valuable Cbmtnenraries on the Constitution of the United Stale, published several year after the di-cision of the rase of Houston . Moore, quotes this opinion of Judge Washinerton, and cites a number of subsequent decisions of theSupreme Court, w-hich sustain il; and, after a thorough examination of ihe whole subject, lay down the law. to be ubstautially in accordance will? that decision. It appears to mo, that these- authorities hovr, conclusively, that, in case whore Congress and the State Legislature may have concurrent jurisdiction, if Congress has fully exercised it power, the Slate Legi. lature are barred from the exercise of the ame power, whether such exercise conflict with the law of Congress, or ia auxiliary to It. Do these decisions apply to the case before usl To how that they do, Mr. Speaker, it ia only necessary to examine ome of the provisions of Ihe act of Congres of 1793, and compare them with this bill. The act of Congress provide that, when a person-held to labor in any of the United State, ahall escape into any other Slate, the claimant, hi gent or attorney, may iciz and lake him before tome Judge or ma-gistrate for trial; and that any person who ahall obstruct or hinder Ihe claimant in to sening such fugitive, nr rescue him when so arrested, or ahall harbor or conceal him. ahall P.,rfii .nA at i.j j.i , . ts ii.o niiiiurca uoi- Inrs, lo be recovered by action of debt. Thi bill provides for the aino object, and, to ome extent, use the same phraseology; but it require the claimant lo ob'ain a warrant from some judge or magistrate be-lore he arrests Ihe alleged fugitive, contrary to the act ol Congress, which permits him to arrest without a warrant, and, in this particular, direclly conflict with the law of Congres. Again: this bill, in aid, say it litenils, or the law of Congress, and to make it more efficient, enact Hint, if any person shall, in an manner, hi or binder tin. nlni,.,.ni i. ii.. : - - - -.... , ireuvrrv or rce. clainalton of any fugitive, or ahall knowingly harbor nr PmtilnV ana a...i. .. ! . ! .... 1 . ' ... .........j ... .wwi lugmirr, ne snail, "upon conic- lion therouf. hv imlinianam ka, t- . 7Ti I? fV hundrcd dol,Br or Prisoned in ",n "uuniy, normom in in. sixty days;" thus (111 l II IT additional n.l rA,.m,.lni; .i prescribed hy Congres, which, lo uss the word of Jlllltrn W.lulimnlA.. ii.. i. , . . k"'"i ', my apprcnenston, aome- ttinif scrjr muck like opprtuhn, ifn worst." I have touched on a pari only of the objection W itch I have tn il.i. I, ill- I .1...; i iJ. , , , . . ""l uu' ii".'.r view 1 ittae 01 It, Whether I consider thorra.on of Its introduction, lis object, us prori.jon,, or constitutionality, I can Bnd but Ittilo to npprnvo but much to condemn. It was introduced ut Ihe request of the pcopU of another Malt-, not in compliance wilh Ibe solicitation or wish- tft. Of flllf ntVIt nit '.. a. vaa.J Is I L al . . pwasi'd forwartl with so much hntti, tlnit wo have had II Alilnailn .-!.. 1.. a ru vmuiiiio na proTinicni, or loeonsiiier its effects. Hit fmm iKA k...dr.xl..i(.ni;An ..u;.i. l , riiiHMiii.iiiiiiiiiiuiitTiiii iii ii are 5,wn al'l to ffive it, I nm (utisfied thai if the law of uu.,K,rn9 ui ai;-o is constitutional, a conteniietl lor hv Ibe friends of lliia Kill. u.i lisw- nn t...:. Into npnn this ubJocL But, if we have the power. turn cannot but consider the provision of. thi bill aa linenillll. nnnhM,!.. n,l ..i.t..-. . : . .1 rl.,, ,, uxjuM cirniii' ins aym- patltte nfour people, n outrage upon the right of a free people, and in violation of the constitution of our Stato, and the Ordinance of B87. I.tfn l-iitr Ritr. J,J ACRRSof vslualile looeJ.J rolls, from Ooluml.ua, ' ""sr one mile from llie NsJionsI llua.1. oo in. m .ids Alliim Crsslt. Til. land la will tlniosred, ami lis aevarsl aprlnca oa II, wlnrli liave atroiilca aa alnindanee of water during Ilia prssrm sesson. A rwttloM of It Is tiottom land. Tlwr la a Saw and tlrlst Mill a.ljolnlng list land. Hrsoaia vrisMsg to porrliaas, III S-ilr lo McL'LtlLLANU s ARMSl'RONtl, h (Muniima. I OUT.. Nuralo Bottles, just rclrd nd for ssh by JDIIN rKKNt ll, Ucl- 4 door aooih of Nol,- t.l. 1